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THE GOVERNMENT OF 
MINNESOTA 



THE MACMILLAN COMPANY 

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HANDBOOKS OF AMERICAN GOVERNMENT 


The 


Government of Minnesota 


Its History and Administration 


BY 

FRANK L. McVEY, Ph.D. 

M 

SOMETIME PROFESSOR OF ECONOMICS IN THE UNIVERSITY OP 
MINNESOTA, MEMBER OF MINNESOTA TAX COMMISSION 


SECOND EDITION REVISED 


/|5eto gotk 

THE MACMILLAN COMPANY 

1908 


All rights reserved 



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Copyright igoi, 1908 
By the MACMILLAN COMPANY 


Set up and electrotyped. Published February. 1901 . Reprinted 
August, 190 S. New Edition Revised, April, 1908 . 


THE MASON-HENRY PRESS 
SYRACUSE, NEW YORK 









A. H. M. 







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PREFACE 


It has been the purpose of the author to present in a 
small volume a harmonious picture of the history and 
government of the commonwealth of Minnesota. 
There is a pressing and crying need for good teaching 
in civil government, a subject which has been and is 
largely neglected in our public schools. To facilitate 
such teaching carefully prepared books are necessary. 
This volume is an attempt thoroughly to analyze the 
functions of a State government, and in addition to 
open the way to teacher and pupil to the sources of 
information. At the foot of many pages are numerous 
references, while at the end of the book is an appendix 
containing historical material for more extensive work 
than the text affords. With such aid the teacher can 
go back of text-book statement into the spirit of our 
commonwealth’s institutions. 

The effort in Chapters I and II is to place the his¬ 
tory of the State before the student; following these 
chapters are two others on the general machinery of 
the government. The remainder of the book is de¬ 
voted to the actual workings of the machinery. It is 
to be remembered that legislation changes from time 
to time the details of government; particularly was 
this true at the meeting of the legislature of 1899, 
which altered the school system and the national 
guard, established the primary election law in one 
vii 


viii Preface 

county, and changed the city charter act. To keep in 
touch with such legislation is a part of the work of the 
teacher. The book as now constituted contains all 
modifications of the statutes up to 1900. The changes 
in the future will not alter the frame or general fea¬ 
tures of the government, but may make many altera¬ 
tions in the details of the machinery. 

In the preparation of the volume the author has been 
materially aided by the suggestions of the editor of the 
series. Professor Lawrence B. Evans of Tufts College, 
and by Professor William W. Folwell of the Uni¬ 
versity of Minnesota. 

F. L. M. 

Minneapolis, December, 1900. 

PREFACE TO REVISED EDITION. 

So many changes have been made in the laws of the 
State during the last few years that it was deemed 
advisable to bring the book to date, in reference and 
statement. This edition is revised with this purpose 
in view and the author hopes successfully. 

F. L. M. 


St. Paul, October, 1907. 



CONTENTS 


CHAPTER I 


Minnesota as a Territory 

§ I. References. § 2. Physical Territory. § 3. Explorers. 
§ 4. Settlements. § 5. The Organization of Minnesota Ter¬ 
ritory . 


PACK 


I 


CHAPTER II 
Minnesota as a State 

§ 6. References. § 7. The Enabling Act. § 8. The Constitu¬ 
tional Convention. § 9. Organization of the Government. 

§ 10. Minnesota in the Civil War. §11. The Sioux Massacre. 

§ 12. The Building of Railroads. § 13. The Growth of the 
State. § 14. Chronological Arrangement of the History of 
Minnesota.16 


CHAPTER HI 
Organization of the State 

§15. References. § 16. Restricted Powers of the State. § 17. The 
Constitution, Preamble, and Bill of Rights. § 18. Amendment 
and Revision of the Constitution. § 19. Administrative 
Divisions.38 


CHAPTER IV 
The Central Government 

§ 20. References. § 21. The Executive. § 22. Other Elective 
Officers. § 23. Appointive Officers. § 24. Commissions and 
Boards. § 25. The Legislature. § 26. The Judiciary . . 48 


IX 





X 


Co7itents 


CHAPTER V 


Local Government 


PAGE 

§ 27. References. § 28. The County. § 29. The Township. 

§ 30. The Village. § 31. Cities. § 32. Minneapolis. § 33. St. 

Paul. § 34. Duluth.61 


CHAPTER VI 
Nominations and Elections 

§ 35. References. § 36. Who are Voters? § 37. Nomination 
of Candidates. § 38. The Corrupt Practices Act. § 39. Ma¬ 
chinery of Elections. § 40. The Conduct of Elections. 

§ 41. Canvassing Boards. 9 ° 

CHAPTER VII 

The Administration of Justice 

§ 42. References. § 43. The Judicial Power. § 44. The Local 
and District Courts. § 45. The Supreme Court. § 46. Civil 
Procedure. § 47. Criminal Procedure.109 


CHAPTER VHI 
Revenue and Expenditure 

§ 48. References. § 49. Receipts and Expenses. § 50. The 
Kinds of Taxes. § 51. The Assessment of Property. 

§ 52. The Levying and Collection of Taxes. § 53. The 
Tax Commission. § 54. The Expenditure of Public 
Money.127 

CHAPTER IX 

Education 

§ 55. References. § 56. The Growth of the School System. 

§ 57- The Organization of the School System. § 58 The 


Contents 


XI 


Support of the Schools. § 59. Administration of the 
School System. § 60. Normal Schools. § 61. The Uni¬ 
versity. § 62. Farmers’ Institutes, Free Text-books, and 
Libraries.139 


CHAPTER X 

The Protection of the State 

§ 63. References. § 64. The Problems. § 65. Charitable 
Institutions. § 66. Correctional Institutions. § 67. The 
Board of Control. § 68. The Board of Visitors. § 69. The 
Militia. § 70. The Naval Reserve . . . .158 


APPENDIX 


A. The Governors of Minnesota.173 

B. Members of the First Legislature of Minnesota . .174 

C. Population of Minnesota in 1849.175 

D. Growth of Population in Minnesota . . . .176 

E. Nativity of the Population of Minnesota . . . 180 

F. Growth of Cities in Minnesota from 1890 to 1900 . 184 

G. An Act to establish the Territorial Government of 

Minnesota .186 

H. The Enabling Act of Minnesota.196 

I. An Act for the Admission of Minnesota into the Union 200 

J. Constitution of the State of Minnesota . . . 202 

K. Presidential Vote of Minnesota.245 

L. State Officers of Minnesota.246 

M. County Officers of Minnesota.248 

N. Town Officers of Minnesota.249 

O. Village Officers of Minnesota.250 

P. City Officers of Minnesota.251 

Q. References to Minnesota in Congressional Documents 252 

Index.257 











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GOVERNMENT OF MINNESOTA 


CHAPTER I 

MINNESOTA AS A TERRITORY 

I. References 

Stevens, Personal Recollections of Minnesota and its People, Minne¬ 
apolis, 1890; Charlotte Ouisconsin Van Cleve, Three Score Years and 
7 V«, Minneapolis, 1888; Ancestry, Life, and Times of II. II 

Sibley, St. Paul, 1889 ; Neill, History of Minnesota, St. Paul, 1890 ; The 
Publications of the Minnesota Historical Society; some of the articles 
are particularly important and will be referred to specifically; fournals 
of the Council and House of Representatives of the First Session of the 
Legislative Assembly of the Territory of Minnesota, 1849; Williams, 
History of St. Paid, St. Paul, 1876 ; Keating, Narrative of an Expedi¬ 
tion to the Source of St. Peter's River, London, 1825 ; articles on Minne¬ 
sota in Johnson’s Cyclopedia and International Encyclopedia. A 
description of the territory may be found in the introduction of Neill, 
History of Minnesota, and in The Report of the Geological Survey of 
Minnesota, I, a set of which is deposited in the office of each county 
auditor. Folwell, History of Minnesota. 

There is the series of pamphlets on Minnesota History, written and 
edited by Dr. E. D. Neill, under the title of Macalester College Contribu¬ 
tions. Among these are many sketches and much valuable material 
relating to the early history of the State. The following are useful: 
The Beginning of Organized Society in the Saint Croix Valley, 1890, 
No. 3; The Development of Trade on Lake Superior, No. 4; Sieur La 
Ronde, the First Navigator of Lake Superior, No. 7 ; Pierre Paul, the 
Co}nmandant at Lake Pepin, iy^o-iy^2. No. 9 ; A Memoir of the Sioux, 
No. 10 ; Memoir of William T. Boutwell, S. S., No. I ; The Critical 
Period of the French Traders on Lakes Michigan and Superior, 1684, 
S. S., No. 7 ; A Memorial of the Brothers Pond, S. S., No. 8. 


B 


I 


2 


Minnesota as a Territory 


Land and 
water. 


Character 
of surface. 


Mineral 

wealth. 


2 . The Physical Territory 

In the exact centre of North America lies the won¬ 
derful region known as Minnesota. The State by 
that name extends four hundred miles from north to 
south, while the traveller journeys the third of a 
thousand miles in crossing it from east to west.^ 
Within this empire-like land are nearly eighty-five 
thousand square miles of territory. This, translated 
into acres, carries the figures into the fifty millions; 
but so numerous are the lakes, numbering about ten 
thousand, that a seventeenth part of the territory is 
water. The general character of the surface is that 
of a high, rolling prairie, ranging, on the average, 
twelve hundred feet above the sea level, but the 
highest point is more than a thousand feet above 
this .2 Streams and lakes found in all parts of the 
State are heavily wooded with every species of timber 
known on the upper Mississippi, except the beech and 
sycamore. At one time the northern part of the 
State was covered by a dense forest of pine, tama¬ 
rack, spruce, birch, and cedar, but it is now rapidly 
disappearing under the vigorous attacks of the lum¬ 
ber companies. Fertile indeed is the soil and par¬ 
ticularly adapted to the growing of wheat, corn, oats, 
and barley; the small fruits and vegetables flourish 
in great abundance. 

The last few years have brought to the attention 
of the world the iron wealth of Minnesota, stored 
in the Mesabi and Vermillion ranges.^ It is in an 

1 354 miles wide. The State lies within the parallels 43° 30' and 49° 
north latitude, and the meridians 89° 39' and 97° 5' west longitude. 

^ Minnesota Historical Society's Publications, I. 37. 

* The output in 1907 was 29,075,263 tons. 


The Physical Territory 


3 


ancient archaean axis traversing the centre of the 
State from northeast to southwest, that the iron 
mines are located.^ The ore is a soft hematite, very 
rich and free from impurities, and so perfectly 
adapted to the making of Bessemer steel that it is 
sought eagerly by manufacturers. In addition to 
this great mineral wealth are sands useful in glass 
making, building stone of many varieties, clay for 
the potter, and, in the Rainy Lake region, gold in 
limited quantities. Minnesota, with its natural re¬ 
sources and splendid territory, is a richly endowed 
commonwealth. With the first historian of the State, 
we can say: “ Minnesota is the birthplace of many 
rivers, flowing north, south, east, and west; with 
varied scenery, the prairie, the forest, the lofty bluff, 
the placid lake, and the laughing waterfall; the sum¬ 
mit of the central valley of North America; with an 
atmosphere peculiarly dry and bracing, it must ever 
be attractive to emigrants from all regions of the 
world. If the aims of her citizens only correspond 
with the elevated natural position and advantages, 
the cattle upon a thousand hills will soon occupy the 
old pasture grounds of the elk and bison, and school- 
houses will crown the eminences but lately adorned 
with burial scaffolds ; and the State will become the 
birthplace of not only majestic rivers, but great men.” ^ 
To the people of Minnesota has fallen this heri¬ 
tage, which they have used wisely and well, as the 
institutions, wealth, and power of her citizens testify. 
Less than three-quarters of a century ago the main 
portion of the present State was occupied by the 

1 Johnson’s Cyclopadia^ article “ Minnesota.” 

2 Neill, History of Minnesota^ xl. 


The 

heritage of 
Minnesota. 


4 


Minnesota as a Territory 


Explorers, 


The French. 


Sioux and Chippeway Indians; only a few scattered 
trading posts then existed, and nothing that could be 
called a real settlement. In that brief time the orig¬ 
inal holders of the soil have been dispossessed by 
purchase, treaty, and warfare, until the whole area, 
once a wilderness, is dotted by farms, houses, villages, 
and towns. The Indians in their turn are confined 
to small reservations, which in time will also be given 
over to the agriculturist. 

3 . Explorers 

Three sets of early explorers travelled over the 
territory called Minnesota. The French, ambitious 
and restless, moved westward seeking treasure and 
adventure; the English, in control only during the 
short period between the French and Indian War and 
the Revolution, were too busily engaged elsewhere to 
pay much attention to what was then the far West. 
When the Americans therefore acquired the country 
early in the nineteenth century, the region was little 
known, and expeditions were sent out under the aus¬ 
pices of the government to explore it. 

Nearly seventy years before the English had built 
Jamestown, the French had a rendezvous in Canada- 
The explorations of the great lakes went on slowly 
until the coming of Champlain. This great French¬ 
man reached Georgian Bay in 1643. Twenty-eight 
years later two Jesuit priests made their way to the 
Sault Ste. Marie. Glowing accounts were sent to 
France of the vast trading possibilities and the im¬ 
mense copper deposits in this northwest region. Jean 
Nicollet, an interpreter of the Canadian Fur Company, 


Explorers 


5 


was the first white man to reach the Green Bay in the 
north of Wisconsin; ^ but the first white men to enter 
Minnesota were Radisson and Grosseillier, in 1659. 
Not properly encouraged, according to their notion, 
by the French government, they transferred their 
allegiance to the English and made other explorations 
under their flag. Rend Menard, a Jesuit, reached the 
Black River, by way of the Mississippi, in 1661, but 
lost his life in the woods. Allouez in 1665 established 
a mission at La Pointe, Wisconsin. Thus far all of 
the explorations had been around the edge of the 
State .2 The governor of Canada, anxious to get more 
definite information, sent the Sieur Du Lhut, Daniel 
Graysolon, to the Lake Superior region in 1679.^ 
This explorer went into the State as far as Mille Lac. 
He was followed by P''ather Hennepin, a Franciscan 
monk, who ascended the Mississippi from the Illinois 
River, and finally reached St. Anthony Falls, the 
present site of Minneapolis, in 1680. Le Sueur, at 
the opening of the century, explored what is now 
called the Minnesota River as far as the Blue Earth 
River.^ At the junction of the two streams he estab¬ 
lished a post. With Le Sueur French exploration 
ceases. 

The French were confined in their movements to a 
strip of territory on the same parallel with Quebec, 
extending west. This was in reality the line of least 
resistance. Very few of their explorers were able to 
get north or south of Minnesota and Lake Superior. 

11634. See account in Neill, History of Minnesota, 100. See 
also whole of ch. iv. in the above history. Minn. Hist. Soc. Pub., 
I. 183. 

A/inn. Hist. Soc. Pub., I. 17. ^ Ibid., 314. ^ Ibid., 319. 


Difficulties 
in the way of 
the French. 


6 


Minnesota as a Territory 


The English. 


The 

Americans. 


Charles II. of England had given a charter to the 
Hudson Bay Company in 1679, granting to it the 
territory about Hudson Bay, which had been discov¬ 
ered by Radisson and Grosseillier when serving under 
the English flag. The Treaty of Ryswick in 1697 
acknowledged this claim, and from that date the 
English captured or killed the French traders appear¬ 
ing in the Hudson Bay district. At the south the 
hostile Iroquois made war upon all Frenchmen. 
Between these two enemies the French carried on 
their trade explorations, and this situation accounts 
for the early entrance of the French into the Minne¬ 
sota territory. 

In the French and Indian War, ending in 1763, 
the French lost Canada, and England became the 
ruler of all the territory in North America east of 
the Mississippi, with the exception of Louisiana and 
Florida. Twenty years later the United States won 
its independence and came into possession of the ter¬ 
ritory east of the Mississippi and south of Canada. 
During the period of English possession Jonathan 
Carver left Boston under the semi-authority of the 
British government to make explorations in the North¬ 
west. His journey included voyages on the Missis¬ 
sippi from the Wisconsin River to the Elk, and, re¬ 
turning to the mouth of the Minnesota, he ascended 
that stream as far as the Cottonwood River. An 
account of the exploration was published in Dublin 
in 1779.^ 

By the Treaty of 1783 with Great Britain and the 
Louisiana purchase in 1803 the United States ac- 

1 Neill, of Minnesota^ 202-221, also Minn. Hist. Soc. Pub.., 

I- 349- 


Explorers 


7 


quired a great unknown region. The government 
sent successive expeditions into this territory to gather 
information and make treaties with the Indian tribes. 

The first of these was that of Lieutenant Zebulon 
Pike, who was sent in 1805 to enforce the federal 
laws, which were disregarded by the English traders 
after the transfer of the region to the United States. 

He was also to make treaties with the Indians, and 
through his efforts the cession of the Fort Snelling 
military reservation was obtained.^ The British and 
Canadian traders were subdued for a time, but the 
War of 1812 gave them further opportunity to 
encourage the hostility of the Indians, and for 
several years the new territory received but little 
attention from the government of the United States. 

The governor of Michigan, Lewis Cass, was anxious 
to visit all parts of the land under his jurisdiction. 

On the 18th of November, 1819, he proposed to the 
Secretary of War, Mr. Calhoun, the exploration of the 
recently annexed portion of Michigan, and received 
permission to undertake it. Governor Cass and his Expeditions, 
followers entered the State at the head of Lake 
Superior and proceeded as far south and west as 
St. Anthony Falls; the expedition was not produc¬ 
tive of results.^ The government still seeking more 
definite knowledge, sent, in 1823, Major Stephen F. 

Long, an officer who had already made one journey 
six years before from St. Louis to St. Anthony Falls, 


1 This cession included a tract of land at the mouth of the St, Croix, 
and also a tract beginning below the conflux of the Mississippi and St. 
Peter’s, and extending up the Mississippi to include the Falls of St. 
Anthony and nine miles on each side of the river. 

2 See account in Neill’s History of Minnesota^ 321. 


8 


Minnesota as a Territory 


to explore Minnesota. The expedition went three- 
quarters around the State by the way of the Minnesota 
River, Big Stone Lake, Red River, Lake of the 
Woods, and Rainy Lake to Lake Superior.^ Much 
valuable information was secured through the efforts 
of Major Long. 

Possibly the most famous of the expeditions was 
the one under the leadership of Schoolcraft. A 
number of distinguished men accompanied the ex¬ 
ploring party, among whom were Dr. Douglass 
Houghton, botanist and geologist, and the Rev. W. 
T. Boutwell, a missionary of the American Board of 
Foreign Missions.^ Pipes of peace were smoked 
with the Indians, councils held, and speeches made 
to some purpose. The chief result of the expedition 
in Mr. Schoolcraft’s view was the discovery of the 
source of the Mississippi in a lake to which he gave 
the name Itasca. A number of minor explorations 
were made by George Gatlin and Featherstonehaugh 
in 1835, by Jean Nicollet in 1836, and by David D. 
Owen in 1847. This last expedition was sent by the 
government to locate the boundary between Canada 
and Minnesota. An extensive literature was the out¬ 
come of the last expeditions. In 1872 the legislature 
of Minnesota authorized a geological and natural 
history survey of the State. The geological portion 
was finished in 1899; other branches are still in 
progress. 

4. Settlements 

The settlement of a new region is a long and 
hazardous undertaking. The explorer is soon fol- 

^ Keating, Expedition to St. Peter's River, 11 . ch. v. 

2 Journal of W. T. Boutwell, Minn. Hist. Soc. Pub., I. 153. 


Settlements 


9 


lowed by the trader and the missionary, who in turn 
are followed by men seeking new homes. Thus 
settlements come to be made, and a permanent popu¬ 
lation grows up. Nicolas Perrot established possibly 
the first trading post in the West at the mouth of 
the Black River. This was in 1685. Then came Le 
Sueur, who in 1695 built a house on Isle Pelee not 
far above Lake Pepin. The hostility of the Indians 
prevented trading, and nothing was done by the 
French to establish trade relations until 1728, when 
a fort was erected on Lake Pepin. The builder of 
it, Pierre Paul, was forced to give up his post, and 
in 1752 another attempt was made at the same place 
with a similar result. Louis Denis, the Sieur La 
Ronde, in 1726 was given a concession for a trading 
post at Chagoumigan on Lake Superior. The French 
carried on considerable traffic with the Indians, but 
their trade was extremely hazardous. North of the 
French the English had seized the land about Hud¬ 
son Bay on the strength of the discoveries of Hen- 
rick Hudson and the two French explorers, Radisson 
and Grosseillier.^ The Hudson Bay Company was 
formed under a charter from Charles IL, and stead¬ 
ily resisted any attempt of the French to build posts 
or to trade in the Northwest so long as Canada re¬ 
mained under the control of the French.^ This hos¬ 
tility was transferred to the American companies 
established after 1783, and as a result a long and 
bitter warfare was carried on between the Hudson 
Bay Company and the Northwestern Fur Company, 
and its successor the American Fur Company which 

1 See page 5. 

2 See article on “ Hudson Bay,” Minn. Hist. Soc. Pub., I. 207. 


Traders. 

Missionaries 
and pioneers. 


The French 
traders. 


lo Mifmesota as a Territory 

was organized in 1808 under a charter from the New 
York legislature.^ The War of 1812 retarded the 
business of the latter organization so that it did not 
really get into the field until after its close. By 1830 
the company had erected posts at Madeline Island and 
La Pointe, Wisconsin, and Mendota in Minnesota. 

Various settlements now made their appearance. 
The erection of Fort Snelling had been ordered by 
Congress as early as 1819, but the fort was not built 
Settlements, until 1822. Ten years before this Lord Selkirk had 
established a colony on the Red River, where a grant 
of land had been given him by the Hudson Bay Com¬ 
pany. The colony suffered so severely from locusts 
that a large number of its members left their new 
homes in 1827, and came to Fort Snelling, which was 
then a flourishing post. In 1837 the Indians ceded 
all of their land east of the Mississippi to the United 
States. This was a memorable year for Minnesota, for 
it opened up some of the great resources of the State 
to the exploitation of actual settlers.^ Lumber com¬ 
panies were organized; towns appeared at St. Croix 
Falls and Marine Mills in the following year. The first 
house upon the present site of St. Paul was also built 
in this year, 1838. Stillwater was founded in 1843, 
and St. Anthony in 1847. In 1849 Minnesota was 
organized as a territory and had a population of 4940.^ 

From the time when the white men first came into 
Missionaries. Minnesota efforts were made to establish missions. 

^The two companies were united in 1822. 

2 Williams, History of St. Paul, 57. The payment was $^00,000 
invested in five per cent stocks, ^110,000 for mixed bloods, and $go,ooo 
to pay the debts of the tribe. 

8 See Appendix C, 


The Organization of Minnesota Territory 11 

Some of the early explorers like Menard, Allouez, and 
Father Hennepin were missionaries, but they were 
not successful in establishing permanent missions. 
The first successful efforts to establish Christianity in 
Minnesota were made by the Roman Catholic Church, 
but representatives of other denominations appeared 
in the field early in the present century. The work 
of the trader and pioneer was softened and directed 
toward better things by these earnest men, among 
whom will always be remembered Boutelle, Stearns, 
and the Pond Brothers. The first Indian mission in 
the territory was at Sandy Lake in 1832. Other 
missions were established at Leech Lake in 1834, 
Lakes Harriet and Calhoun in 1837, and later at 
Fond du Lac, Pokegoma, La Pointe, Yellow Lake, 
Lac qui Parle, Mendota, and St. Paul.^ 

5. The Organization of Minnesota Territory 

Minnesota is of dual origin. Part of the territory 
of which the present State is formed was a portion of 
the Northwest Territory, the remainder was the north¬ 
eastern portion of the Louisiana purchase. The 
Mississippi divides the two great regions. There was 
a marked difference in the heritage of the two parts. 
The Northwest Territory was presented with a terri¬ 
torial government, religious liberty, personal rights, 
and educational endowments. The other region re¬ 
tained some of its Spanish and French laws, but the 
merging of the two sections largely obliterated them, 
and substituted therefor those of the Northwest Terri¬ 
tory. It is interesting to note that Minnesota east 

1 Minn. Hist. Soc. Pub., I. 84, 437. 


Origin of 
Minnesota. 


12 


Minnesota as a Territory 


Various 

jurisdictions. 


The 

Territory of 
Wisconsin. 


of the Mississippi passed under seven jurisdictions; 
viz., the Northwest Territory 1787, Indiana 1800, 
Michigan 1805, Illinois 1809, Michigan a second time 
in 1819, Wisconsin 1836, and Minnesota 1848. The 
part west of the Mississippi also had a varied experi¬ 
ence. The province of Louisiana came into the 
possession of the United States in 1803. Out of this 
Louisiana Territory was formed in 1805, Missouri in 
1812, Michigan in 1818, Wisconsin in 1836, and Iowa 
in 1838. Each included Minnesota, and finally, in 
1848, the territory by the present name was organized. 

Wisconsin was admitted into the Union on the 
29th day of May, 1848; but the new State did not 
include that part of the territory of Wisconsin which 
lay west of the St. Croix River, and Congress made no 
provision for the government of this area. Accord¬ 
ingly, in the following August, a public meeting was 
held at Stillwater to consider whether the laws of the 
old territory of Wisconsin were still in force in this 
region. A letter from John Catlin, former secretary 
of the Territory of Wisconsin, was read, in which he 
endeavored to show that those parts of the Territory 
which had not been included in the State still consti¬ 
tuted the Territory of Wisconsin. Hence he said that 
it was only necessary for the people to elect a delegate 
to Congress, and that he, as acting governor of the 
Territory, would issue a proclamation for an election 
to fill the vacancy if the people would act under it. 
Minnesota was in a peculiar position. The portion 
west of the Mississippi had been left without govern¬ 
ment by the admission of Iowa in 1846, and now 
the admission of Wisconsin into the Union left a 
still wider territory without government. 


The Orgmiization of Minnesota Territory 13 


The former secretary of Wisconsin, Mr. Catlin, 
moved his residence from Madison to Stillwater, 
and as acting governor of the surviving Wisconsin 
Territory issued a proclamation, October 9, ordering 
a special election to fill the vacancy in the office of 
delegate. The election was held on October 30;^ 
the Hon. H. H. Sibley, being chosen delegate, pro¬ 
ceeded at once to Washington. He was permitted 
by courtesy to occupy a seat on the floor of the 
House of Representatives, but progress in the or¬ 
ganization of a new territorial government was ex¬ 
ceedingly slow. A bill for this purpose was prepared 
by Senator Douglas with the advice of Mr. Sibley.^ 
Efforts were made to bring Minnesota into the great 
slave controversy, and many amendments were added 
to the bill to delay its passage, but it was finally 
passed because the Senate refused to recede from its 
position.^ The Territory was thus created March 3, 
1849, with the Missouri River as the western boundary. 

The territorial act provided for the appointment of 
the usual executive officers, consisting of governor 
and secretary. The judicial officers were a chief 
justice, two associates, a district attorney, and a mar¬ 
shal. All of these officers were appointed by Presi¬ 
dent Taylor. The first appointment by the President 
was that of Hon. Edward C. McGaughey of Indiana 
as governor, which the Senate refused to confirm.'* 
Pennington of New Jersey was asked to accept the 
position, but he declined; a third selection was made, 

1 See account of organization in Minn. Hist. Soc. Pub.y I. 53-68. 

2 Congressional Globe, 30th Congress, 2d session, i, 581. 

3 West, Life and Times of Sibley, ch. iv. 

4 Neill, History of Minnesota, ch. xxii. 


Election of 
delegate. 


Provisions of 
government. 

Officers. 


Minnesota as a Territory 


Duties of 
executive 
officers. 


Judiciary. 


Other 

provisions. 


14 

and, happily for the State, Alexander Ramsey con¬ 
sented to serve. 

The duties incumbent upon the governor were 
those usually devolving upon such an officer. He 
was commander-in-chief of the militia, he had power 
to grant pardons, to enforce the laws, and to appoint 
officers with the consent of the Council. In addition 
to these duties he was to act as Indian agent of the 
Federal Government. The term of office was four 
years. The secretary of the Territory was appointed 
for a similar term of office. His duties were largely 
those of a recording officer. In case of a vacancy 
in the office of governor the secretary was authorized 
to act until the appointment of another governor by 
the President of the United States. The legislature 
consisted of an assembly of eighteen members and a 
council of nine members, elected by the people. The 
time of service for the first was one year, for the 
second two years.^ 

A regular system of courts was soon established. 
The territory was divided into three judicial districts, 
which made it possible to hold district courts, for 
the supreme court judges also acted as district judges. 
Justices of the peace were appointed, so the Territory 
had a complete court system. 

Liberal provisions were made in the organic act for 
the erection of public buildings and the establishment 
of an educational system. Every sixteenth and thirty- 
sixth section in each township in the territory was 
granted for the partial maintenance of public schools.^ 

‘ See Appendix G. 

The instructor should here refer to the Territorial Act 
contained in Appendix G. Students should become thoroughly 
acquainted with its provisions. 


The Orga 7 iization of Minnesota Territory 15 

To the inhabitants of the Territory were extended 
all the rights, privileges, and immunities which they 
possessed as inhabitants of the Territory of Wisconsin, 
and some further privileges which were specified in 
the act organizing the Territory. It was under this 
provisional government that Minnesota prepared for 
statehood. 


CHAPTER II 


The history 
of the time. 


MINNESOTA AS A STATE 

6. References 

West, Life and Times of LI. II. Sibley ^ St. Paul, 1889; Minnesota 
Historical Society Publications^ VIII; Legislative Manual, 1897 
1899; Minnesota Convention Debates, 2 vols.; early volumes of The 
Pioneer Press ; Congressional Globe, 34th and 35th Congresses; Heard, 
History of the Sioux Rebellion, New York, 1863; Bryant, Indian 
Massacres in Minnesota, St. Paul, 1872; Minnesota in the Civil and 
Indian IVars, St. Paul, 1890 (prepared by Board of Commissioners 
appointed by the legislature, Act of April 16, 1889); Farrar, Five 
Years in Minnesota, London, 1880; McClurg, Minnesota as it is in 
j8jo, St. Paul, 1870; Carleton, The Seat of Empire, Boston, 1870; 
bound volume of pamphlets under the title of Five Million Dollar 
Loan, in the Minnesota Historical Society library; Folwell, His¬ 
tory of Minnesota. 

7. The Enabling Act 

Minnesota applied for statehood when the slavery- 
strife was at its height. From the time of the adop¬ 
tion of the Federal Constitution up to 1850 thirty 
States had been admitted to the Union. Half of 
these were slave, half free States. The North, grow¬ 
ing more rapidly from 1850 than the South, threat¬ 
ened the balance thus far maintained ; California was 
admitted in 1850 as a free State, and the equilibrium 
was destroyed. The Kansas-Nebraska strife had 
begun when Minnesota knocked for admission to the 

16 


The Enabling Act 17 

Federal Union ; ^ her admission was looked upon with 
disfavor by a large number of Southern representa¬ 
tives and senators in Congress, for it would add to the 
already increasing ascendency of the North. 

A bill was introduced into the House on December 
24, 1856, by Henry M. Rice, the territorial delegate, 
authorizing the people of the Territory of Minnesota 
to frame a constitution and State government. This 
bill was at once referred to the Committee on Ter¬ 
ritories. On the last day of January, 1857, Hon. 
Galusha A. Grow, the chairman of the committee, 
reported a substitute for the original bill which con¬ 
tained three additional provisions: first, a few changes 
in the western boundary; second, concurrent juris¬ 
diction of rivers forming a common boundary; and 
third, free navigation of such rivers by citizens of the 
United States. In other respects the two bills were 
identical. Delegates, to be chosen by the people, 
were to meet at the territorial capital on the second 
Monday of July. These delegates were to determine 
by vote whether a State government should be 
formed, and if so to draft a constitution. It was also 
provided that the constitution should include the 
following provisions : every sixteenth and thirty-sixth 
section in each township was to be reserved as a 
nucleus for a public school fund; the proceeds of the 
sale of seventy-two sections were to be reserved as an 
endowment for a State university; and the salt springs 
and six sections of contiguous land for each spring 
were to remain in the control of the State, while five 
per cent of the sales from public lands within the 

1 For the Kansas-Nebraska controversy see Wilson, Division and 
Reunion, i82g-j88g, ch. vii. 
c 


The bill 
and its 
provisions. 


Passage of 
the bill. 


18 Minnesota as a State 

State were to be expended for public improvements.^ 
With these provisions the bill went to the House. 

In the passage of the bill through the House there 
was some opposition from Southern representatives, 
although a number of the Northern members of the 
House voted against the bill. On February 2, 1857, 
the bill reached the Senate, and was again referred 
to the Committee on Territories. The bill was re¬ 
ported back February 18 by the chairman, Stephen 
A. Douglas, without amendment. Three days later 
the bill came up for consideration.^ An amendment 
was immediately offered, providing that only citizens 
of the United States should vote for delegates to the 
constitutional convention. The discussion continued 
until nearly the end of the session.^ The amendment 
was finally carried by a vote of 27 to 24, and the bill, 
then put on its final passage, was passed by a vote 
of 47 to I. But upon the announcement of the result 
John P. Hale, of New Hampshire, gave notice that 
he would move to reconsider the vote. On Febru¬ 
ary 24 he did so, and the following day the Senate 
rejected the amendment, and passed the bill as it came 
from the House.^ 

8. The Constitutional Convention 

The people of Minnesota began the making of a 
constitution by electing delegates on the first Monday 
in June, 1857. A great deal of uncertainty prevailed 

1 See Appendix H for Enabling Act. 

2 Congressional Globe, 34th Congress, 3d session, Appendix, 402. 

* For opposition speeches, see article by Professor F. F. Moran, 
Minn. Hist. Soc. Pub., VII. 

^ Congressional Globe, 34th Congress, 3d session, 849-865, 872-877. 


The ConstiUitional Convention 


19 


in the Territory as to the boundaries of the counties 
and districts, so that there was some doubt as to who 
were legally elected delegates. This uncertainty was 
heightened, as the time of the convention drew near, 
by charges of the two parties against each other.^ 
Rumors were current that underhanded work was 
going on; everything was ripe for serious disagree¬ 
ment. The Enabling Act named the day of the con¬ 
vention, but said nothing in relation to the hour of 
meeting. The Republicans feared that the Demo¬ 
crats might anticipate them, and effect an organiza¬ 
tion of the convention before they could get together. 
In order to prevent this possibility they assembled 
in the chamber of the House of Representatives at 
midnight preceding the day designated in the bill. 
At noon on the second Monday of July, the Demo¬ 
crats marched to the capital, but found the Republi¬ 
cans in possession. The secretary of the Territory, 
Charles L. Chase, proceeded to call the convention to 
order for the Democrats. Simultaneously Mr. J. W. 
North did the same for the Republicans ; the Demo¬ 
crats moved to adjourn, and did so, leaving the Re¬ 
publicans in the hall. On the next day the Democrats 
organized in the council chamber. Each body 
claimed to be the constitutional convention, and pro¬ 
ceeded to frame a constitution.^ 

The Democrats on August 8 offered conciliation, but 
in their peace offering stated that the legal character of 
their convention was not to be called into question. For 
ten days the Republicans made no reply, but at the 


The dispute 
over meeting 
of the 

convention. 


The 

adoption of 
the 

Con.stitution. 


1 See files of The Pioneer Press for 1857 in the Minnesota Historical 
Society’s Library, St. Paul. 

2 Minnesota Constitutional Debates, first papers of I. and II. 


20 


Minriesota as a State 


Admission to 
the Union. 


end of that time appointed a conference committee to 
meet a committee of the Democrats. After consider¬ 
able discussion an agreement was reached, and the 
two divisions of the convention accepted the same 
constitution on August 29. On the thirteenth day 
of October, 1857, the people adopted the constitu¬ 
tion by the vote of 30,055 yeas to 571 nays. 

President Buchanan notified Congress, January ii, 
1858, that he had received a certified copy of the 
constitution from the governor of Minnesota Ter¬ 
ritory, Samuel Medary. Upon receipt of the same 
the Senate referred the matter to the Committee 
on Territories, and a bill for the admission of the 
State to the Union was reported by that committee 
on January 28. A very serious opposition to the ad¬ 
mission of Minnesota was at once manifested ; it was 
alleged by the Southern leaders that the census had 
not been taken as provided in the Enabling Act, and 
that it was not possible to know whether the Terri¬ 
tory was entitled to statehood. The bill for admission 
was finally passed by the Senate, April 7, 1858. In 
the House the opposition was much the same. The 
personnel of the body had changed since the passage 
of the Enabling Act, but the debate on representa¬ 
tion still remained the prominent part of the opposi¬ 
tion. The bill was passed May ii, 1858, by a vote 
of 157 to 38. Although the opposition was prolonged, 
there was no good reason for not admitting Minnesota 
to the Union. 

9. Organization of the Government 

At the same election at which the people of Min¬ 
nesota adopted the constitution by such a large 


Organizatio 7 i of the Government 


21 


majority, State officers and three congressional repre¬ 
sentatives were chosen. In the following December, 
at the meeting of the legislature, two senators were 
elected, Henry M. Rice and James Shields. The 
senators and representatives proceeded to Wash¬ 
ington early in the year and applied for admission. 
In the Senate the credentials of the senators were 
presented May 12, but unexpected opposition was 
developed on. the ground that States alone could 
elect senators, and as the credentials of the Minne¬ 
sota representatives were signed by the governor of 
the Territory they were not entitled to seats in the 
Senate. Two days later, however, both senators were 
admitted. 

Similar opposition appeared in the House. It, 
however, was stronger, the contention being that a 
Territory could not elect representatives to Con¬ 
gress.^ The matter was referred to the Committee 
on Elections, and in a few days majority and minority 
reports were presented. A long discussion followed, 
but the House finally adopted the majority report, 
and Messrs. Cavanaugh and Phelps were sworn in 
May 22, 1858.2 Minnesota was now a member of the 
Union in full standing, represented in both houses 
of Congress. 

1 Congressional Globe, 35th Congress, ist session, 2275, 2310, See 
also Minn. Hist. Soc. Pub., VIII. part 2. 

2 Minnesota was allowed two representatives instead of the three 
elected until the census should be completed. The apportionment 
was one representative to 93,420 persons. It was feared that the 
enumeration would not reach 280,260. The three representatives 
cast lots to determine which two should have seats in the House. 
Mr. Becker was unsuccessful. 


Admission 
of Represen¬ 
tatives to 
Congress. 


22 


Minnesota as a State 


Troops from 
Minnesota. 


10 . Minnesota in the Civil War 

But three years of statehood had passed when the 
Civil War began. The history of Minnesota during 
those years had been peaceful. Her people were 
busily engaged in taking up and improving farms, 
building towns, and in establishing industry. In 
i860 the population of the State reached 172,123. 
Out of this number 24,020 enlisted in the various 
arms for service in the Federal forces. If this num¬ 
ber were reduced to a three-year basis the proportion 
would still be large, 19,693.^ The patriotism of the 
State can still further be attested by the prompt 
answer to the call of the President on that fateful 
day of April, 1861. Governor Ramsey was in 
Washington at the time, and tendered personally a 
full regiment of one thousand men for the use of the 
government. These were the first troops accepted 
by the President. Regiment after regiment was 
organized under the various calls for troops, until 
eleven regiments of infantry, one regiment of heavy 
artillery, two companies of sharpshooters, four regi¬ 
ments of cavalry, and three batteries of light artillery 
went to the front from Minnesota. These troops 
took part in the battles of Bull Run, Fair Oaks, 
Harrison’s Landing, Antietam, Fredericksburg, 
Chancellorsville, Gettysburg, Petersburg, Chicka- 
mauga. Mission Ridge, the Atlanta Campaign, Sher¬ 
man’s March to the Sea, and the movement against 
Vicksburg .2 

1 WorWs Almanac, 1899, 95. 

2 See Minnesota in the Civil and Indian Wars, 


The Sioux Massacre 


23 


II. The Sioux Massacre 

While Minnesota was so nobly aiding the cause of 
the Union, the Sioux Indians, under the excitement 
bred by a bitter hostility to the whites, began the 
ravaging of towns and villages on the borders of the 
settlement. The government of the United States 
as early as 1815 had negotiated a treaty of friendship 
and amity with the Sioux. At another time, 1830, 
the treaty was confirmed, and an annuity of $3000 
with goods and presents was promised to them. 
Again in 1837 ^ further treaty was made by which 
the United States came into the control of a large 
tract of territory within the present State of Wis¬ 
consin.^ This treaty also provided for the payment 
of annuities. When the Territory of Minnesota was 
organized the population grew very rapidly, necessi¬ 
tating new treaties to preserve the friendly relations 
between Indian and white man. These treaties 
were arranged in 1851 and 1858, and the United 
States came into the control of all the land in the 
State with the exception of two Indian reservations 
in the western and northwestern parts. In return for 
these large tracts of land the government agreed to 
pay the Indians through their chiefs large annuities 
for a period of fifty years from 1855. Here is where 
the trouble arose. 

The payment of the annuities was delayed by the 
failure of Congress to make the appropriations. The 
Indians became greatly dissatisfied. When, finally, 
an appropriation was passed, the traders and half- 
breeds living on the reservations asked that payment 


Indian 

treaties. 


1 Bryant, Indian Massacres in Minnesota^ 22. 


24 


Mmnesota as a State 


Massacre at 
Spirit Lake, 

1857. 


Attempts to 
civilize the 
Sioux, 


first be made to them of the debts contracted by the 
Indians. There seems to be no doubt that a very 
large part of the money intended for the Indians 
went into the hands of these men. Undoubtedly the 
Indians were robbed through the connivance of the 
agents of the Government.^ Just at this juncture an 
outlaw chief, Inkpaduta by name, had, with the aid 
of a band of Indians, massacred the settlers of Spirit 
Lake, a small hamlet in lowa.^ The annuity pay¬ 
ments which were being made by the government at 
the time were ordered stopped. As a condition of 
continued payment the delivery of Inkpaduta was 
required of the Sioux. The Indians immediately 
attempted to capture the outlaw and his band, but 
without success. Advised by the Indian agents that 
the Sioux should not be held responsible for the 
deeds of a few outlaws, the annuities were paid. No 
further attempts were made to punish the crime. 
The Indians regarded this as a sign of weakness, 
and, impressed by the panic created by a small band 
of warriors, they began to think that the whole Sioux 
nation might avenge their wrongs and gain posses¬ 
sion of the lands formerly owned by them. 

By the treaty of 1858 the government expected to 
break up the tribal and community system existing 
among the Sioux, with the hope of getting the Ind¬ 
ians to engage in farming. Thus there came to be 
what Major Galbraith, the Sioux agent, called two 
distinct parties among these Indians, the “ Scalp 
Locks and Blankets ” and the “ Cut Hair and 

1 See Judge Young’s report, published in Bryant, Indian Massacres 
in Minnesota^ 36. 

2 Ibid,^ 39. 


The Sioux Massacre 


25 


Breeches.” The farming Indians were in the minor¬ 
ity, and needed the constant protection of the gov¬ 
ernment. Their prosperity irritated and exasperated 
the others, and the natural spirit of hostility to the 
whites was fed by grievances, prejudice, and fear. 

These led to the organization of a plot and the 
massacre. Little Crow was the instigator, encour- 
ager, and director of the conspiracy. 

In August, 1862, the entire effective force for the The attack 
defence of the frontier from Pembina to the Iowa 
line did not exceed two hundred men.^ The Civil 
War was known to the Indians, and the time was 
regarded as favorable for their attempt. The first 
blow fell on the little town of Acton. Barely 
twenty-four hours later the upper and lower Sioux 
agencies were attacked. Several white persons were 
killed, and the buildings of the agencies totally de¬ 
stroyed. The refugees from all parts of the country 
made their way as rapidly as possible to Fort Ridgely 
and the town of New Ulm. On the 19th of August 
the town was attacked, and again on the 25th; after 
the severest fighting and heavy loss the Indians were 
driven back, but the people evacuated the town. A 
city of two hundred houses was left a mass of charred 
timbers. Foiled in their attempt on New Ulm, the 
Indians turned to the siege of Fort Ridgely. There 
were in the fort about 150 soldiers, besides refugees. 

Two attacks were made, both unsuccessful, the in¬ 
mates holding out until reenforcements arrived. 

While these Indian depredations were going on, 
volunteers were raised in Glencoe, Hastings, St. 

Peter, Minneapolis, St. Paul, and the older parts of 

^ Judge Young’s report, in Bryant, Indian Massacres in Minne¬ 
sota^ 54. 


26 


Minnesota as a State 


Checking the 
Insurrection. 


Results of 
the Massacre. 


the State. An army of nearly 1500 men was gath¬ 
ered under the leadership of General Sibley. The 
government of the United States did all in its power 
to aid the citizens in putting down the insurrection. 
Such concerted action checked the Indians, and 
after a number of engagements 2000 were cap¬ 
tured. Of this number 303 were condemned to 
death by a court-martial. President Lincoln re¬ 
prieved 265 of the number, so that only 38 were exe¬ 
cuted at Mankato, December 26, 1862. Two other 
expeditions, under the command of Generals Sibley 
and Sully, were sent out by the Federal Government 
in 1863 and 1864. These resulted in the complete 
subjugation of the Indians after the fights at Big 
Mound, Dead Buffalo Lake, Stony Lake, and the 
battle near the Missouri. The results of the Indian 
massacres are difficult to ascertain. In less than a 
week, it is estimated by some writers, 2000 persons 
were killed, and it is said that the population of eigh¬ 
teen counties, numbering about 30,000, fled from 
their homes.^ Major Galbraith, in speaking of the 
property destroyed or abandoned, says, I believe I 
very nearly approximate the truth when I set it down 
at two millions of dollars.” ^ The number of claims 
filed for examination before the Sioux Commission 
was 2940, amounting to $2,500,000. Contributions 
came in from all parts of the West for the support of 
the refugees. Despite the efforts of the State and 
National governments, many years were required to 
allay the distrust of the people after this, the great¬ 
est of Indian massacres. 

1 Bryant, Indian Massacres in Minnesota, 415, 416. 

^ Ibid., 421. 


The Building of Railroads 
12 . The Building of Railroads 


27 


Minnesota was just on the threshold of statehood 
when the agitation for railway construction began. 
The highway from the central west to the Pacific 
passed through Minnesota, and if immigration and 
the wealth of the Northwest were not to be diverted 
to the north or the south of the Territory, something 
must be done to encourage the building of railways. 
It was pointed out by many writers and speakers at 
the time that Canada, by judicious aid to private com¬ 
panies, had increased her population sixty to seventy 
per cent.^ The experiences of Massachusetts, New 
York, Maryland, Virginia, South Carolina, and other 
States were referred to as examples for a similar 
policy in Minnesota. 

Congress and the territorial legislature had already 
made large grants to railway companies, and as a 
result a marked extension of railroad construction 
was expected in the spring of 1858. But the panic 
of 1857 was too much for these enterprises, and their 
promoters came before the legislature, asking the aid 
of the State. Several bills were presented in the 
legislature, but finally the two houses agreed to 
submit the matter of railroad grants to the people, 
which was done on April 15, 1858. A favorable vote 
was cast for the proposition, and the grant to the 
railways was made a part of the constitution and 
could not be tampered with by future legislatures. 
By this amendment the State agreed to issue 100,000 

1 There is in the library of the Minnesota Historical Library at St. 
Paul a bound volume of pamphlets on the railroad experiences of Min¬ 
nesota. An examination of it will be richly rewarded. 


Need of 
railways. 


Land grants 
and loans to 
railroads. 


28 


Minnesota as a State 


Repudiation 
of the bonds. 


in bonds when ten miles of road were ready for the 
rails, and ^100,000 more when fully equipped and 
running. Furthermore, the sum of $1,250,000 was 
voted to each of four roads, which, however, were not 
to receive it until sixty-two miles of road were fully 
equipped and in operation. The State was secured in 
these loans by holding a first mortgage on the roads, 
lands, and franchises of the respective companies ; an 
additional security, consisting of 240 sections of land 
for each road, regarded as worth $6,224,000,^ was 
provided for the redemption of the principal. Still 
further, in the case of non-payment of interest the 
roads were to pass into the hands of the State. 

Bonds to the amount of $2,275,000 were issued 
to the companies, which also had secured possession of 
the land, amounting to the vast acreage of 5,000,000. 
The State did not profit by these transactions and 
was no better off than before. There was not a 
mile of road in operation, and only 250 miles of 
graded roadbed. The State, under the pressure of 
public opinion, began foreclosure proceedings. The 
first batch of bonds, during this time, became due, 
and the State took possession of the properties of 
the roads, but, although the State held the lands, 
franchises, and roadbeds of the companies, still the 
people demanded that the question of the payment 
of the bonds by the State be submitted to a popular 
vote. The amendment adopted in 1858 was, in 1869, 
expunged from the constitution and another substi¬ 
tuted, forbidding the loaning of the credit of the 
State for internal improvements.^ 

^ See articles in The Pioneer and Democrat^ March, 1858. 

* Constitution of Minnesota, Art. IX., Sec. 10. 


The Btdlding of Railroads 


29 


In 1877 it was proposed to set aside the proceeds Attempts at 
of 500,000 acres of land for the payment of the 
bonds. The people refused to do this. During 
these years public opinion had gradually shifted from 
repudiation to redemption. Another attempt was 
made, in 1881, to pay the obligations. An extra 
session of the legislature was called by Governor 
Pillsbury. The legislature finally authorized the 
payment of the outstanding bonds at fifty cents on 
the dollar. The people ratified the proposition of 
four years before, to set aside the proceeds from the 
sale of 500,000 acres to provide for redemption of 
the bonds issued to pay the debt. The long-stand¬ 
ing obligation was thus wiped out. 

The old companies having defaulted, the legislature 
in 1862 transferred the franchise to new companies. 

These began energetically to construct roads. The 
war retarded their progress, but with the close of 
hostilities labor was easier to obtain. By 1870 a Growth of 
thousand miles of track were equipped and operated railroads, 
in the State. There are now fourteen railway com¬ 
panies in Minnesota, operating 7467 miles of road and 
owning property valued at $1,995,869,128.^ Toward 
the building of these roads the Federal Government 
made the enormous grant of 17,621,952 acres of land, 
and in addition to this the State has given to the 
companies 3,062,141 acres, making a grand total of 
20,689,093 acres. 

Without railroads Minnesota could only have been 
a State of sparse population and small producing 
power. Railroads made it possible for her lumber, 
minerals, and agricultural products to reach all parts 
1 See ch. viii. 139, on the taxation of railways. 


30 


Minnesota as a State 


Population. 


of the world. Although the cost of construction was 
heavy, nevertheless the attempts on the part of the 
people to encourage the building of roads were possi¬ 
bly justifiable. The State thereby early secured 
communication with other parts of the country. 

13. The Growth of the State 

The opening of the new century will see Minnesota 
with about one million eight hundred thousand people. 
By the federal census of 1900 the population was re¬ 
ported as 1,751,395. The increase from 1890 to 1900 
was 34.5 per cent. Divided with respect to nativity, 
the population is one-third foreign and two-thirds 
native.^ Germany, Sweden, and Norway have con¬ 
tributed most largely to the foreign-born population 
of the State. The occupation of 39 per cent of the 
legal voters is farming, which shows the supremacy 
of agriculture in Minnesota. The principal cities and 
their populations given by the State census of 1905 
are: Minneapolis, 261,974; St. Paul, 197,023; Duluth, 
64,942; Winona, 20,334; Stillwater, 12,435; Man¬ 
kato, 10,956; and St. Cloud, 9,422. Besides these are 
twenty-five other towns varying in population from 
2,000 to 8,000. 

The wealth of the State has steadily grown in the 
last twenty years. By the census of 1880 the per 
capita wealth in the State was $1014. This had 
risen to $1435 1900- The same census gives 

$2,513,120,826 as the total wealth of the State. A 
large part of Minnesota’s wealth comes from agri¬ 
culture. The estimated value of farm products in 


^ See Appendix E for an analysis of population. 


The Growth of the State 


31 


the State in 1900 was $161,217,304. The number of 
farms at the time was 154,659, embracing 26,248,498 
acres. The value of these farms was reported at 
$559,301,900. In 1890 farms valued at $119,290,539 
were mortgaged for $37,709,574. Homes in the same 
year to the value of $81,556,693 were encumbered to 
the amount of $27,953,413.^ 

Manufacturing and mining are extensively carried 
on in the State. Lumber, sash, doors, shingles, 
flour, furniture, iron, and steel are the chief products 
in manufactured articles. The value of these reached 
in 1900 $262,000,000. The mining industry has de¬ 
veloped to wonderful proportions. In 1906 some 
25,000,000 tons of iron ore were taken out. Stone of 
good quality of many varieties is found in different 
parts of the State. 


14. CHRONOLOGICAL ARRANGEMENT OF 
THE HISTORY OF MINNESOTA 

(Adapted from a similar table in The Legislative Manual^ 1899.) 

1634. Jean Nicollet, an explorer from France, who had wintered 
in the neighborhood of Green Bay, brought to Mon¬ 
treal the first mention of the aborigines of Minnesota. 

1658-59. Groseilliers and Radisson wintered among the Sioux of 
Mille Lacs region, Minnesota. 

1661. Father Rend Menard left Keweenaw, on Lake Superior, to 
visit the Hurons, then in northern Wisconsin, and 
was lost near the sources of the Black and Chippewa 
rivers. 


Products. 


1 Census of 1900, mortgage statistics. 



32 Chronological Arrangement 

1679. Daniel Greysolon Du Lhut (Duluth) ascended St. Louis 

River to Fond du Lac, and held a council with the 
Sioux. Du Lhut, in June, 1680, by way of the St. 
Croix river, reached the Mississippi, and met Llen- 
nepin. 

1680. Louis Hennepin, after captivity in the village of the Mille 

Lacs Sioux, first saw the Falls of St. Anthony. 

1685. Nicholas Perrot first planted the cross and arms of France 
on the soil of Minnesota, and first laid formal claim 
to the country for France. He built a fort on Lake 
Pepin, near Lake City. 

1695. Le Sueur built a fort on Isle Pelee, in the Mississippi, 
below Prescott. 

1697. Treaty of Ryswick. France acknowledges England’s claim 
to Hudson Bay. 

1700. Le Sueur established Fort L. Huillier, on the Blue Earth 
River (near the mouth of the Le Sueur), and first 
supplied the Sioux with firearms. 

1726. Sieur La Ronde was given concession at Chogoumagin. 

1728. The French established a third fort on Lake Pepin, with 
Sieur de Lapperriere as commander. 

1763. By the Treaty of Versailles, France ceded Minnesota, east 
of the Mississippi, to England, and west of it to Spain. 

1766. Captain Jonathan Carver visited St. Anthony Falls and 
Minnesota River. 

1783. The Treaty of Paris and the cession of all lands claimed 
by England east of the Mississippi to the United 
States. Northwestern Fur Company organized. 

1796. Provisions of the Ordinance of 1787 extended over the 
Northwest Territory, including the northeastern 
third of Minnesota, east of the Mississippi River. 

1798-99. The Northwestern Fur Company established itself in 
Minnesota. 

1800. May 7, that part of Minnesota east of the Mississippi 
became a part of Indiana by the division of the 
Northwest Territory. 

1803. December 20, that part of Minnesota west of the Missis¬ 
sippi, for forty years in the possession of Spain as a 
part of Louisiana, was ceded to the United States by 


of the History of Minnesota 33 

Napoleon Bonaparte, Emperor of the French, who 
had just obtained it from Spain. 

1803-04. William Morrison, the first known white man to dis¬ 
cover the source of the Mississippi River, visits Elk 
Lake and explores the streams entering into the lake 
forming the head of the river. 

1805. Upper Louisiana was organized as Missouri Territory. 

Captain Z. M. Pike visited Minnesota as the agent 
of the government for the purpose of establishing 
relations with the Indians, and to obtain the Fort 
Snelling reservation from the Dakotas. 

1812. The Dakotas, Ojibways, and Winnebagoes, under the lead 
of hostile traders, joined the British during the war. 
Red River colony established by Lord Selkirk. 

1815. First treaty with the Sioux Indians. 

1819. Minnesota, east of the Mississippi River, became a part of 

Crawford County, Michigan. Fort Snelling estab¬ 
lished and a post at Mendota occupied by troops, 
under command of Colonel Leavenworth. 

1820. Corner-stone of Fort Snelling laid September 10. Governor 

Cass visits Minnesota and makes a treaty of peace 
between the Sioux and the Ojibways, at Fort Snell¬ 
ing. Colonel Josiah Snelling appointed to the com¬ 
mand of the latter post. 

1823. First steamboat arrived at Mendota, June. Major Stephen 
H. Long explores Minnesota River and the northern 
frontier. Beltrami explores sources of the Mississippi. 
1825. Great flood on the Red River; a part of the colony driven 
to Minnesota and settle near Fort Snelling. 

1832. Schoolcraft explored the sources of Mississippi River; first 
mission established at Leech Lake, by Rev. W. T. 
Boutwell, late of Stillwater. 

1834. The portion of Minnesota west of the Mississippi attached to 

Michigan. General H. H. Sibley settles at Mendota. 

1835. Catlin and Featherstonehaugh visit Minnesota. 

1836. The Territory of Wisconsin organized, embracing all of 

Minnesota east of the Mississippi, the rest being at¬ 
tached to Iowa. Nicollet visits Minnesota. David 
D. Owen visits Minnesota. 


D 


34 Chronological Arraiigcment 

1837. Governor Dodge of Wisconsin made a treaty, at Fort Snell- 

ing, with the Ojibways, by which the latter ceded all 
their pine lands on the St. Croix and its tributaries ; a 
treaty was also effected at Washington with a deputa¬ 
tion of Dakotas for their lands east of the Missis¬ 
sippi. These treaties led the way to the first actual 
settlements in the State. 

1838. The Dodge treaty ratified by Congress. Franklin Steele 

makes a claim at St. Anthony Falls. Pierre Parrant 
makes a claim and builds a shanty on the present 
site of St. Paul. 

1839. St. Croix County established. 

1840. The chapel of “ St. Paul ” built and consecrated, giving the 

name to the capital of the State. 

1843. Stillwater settled. 

1846. August 6, the Wisconsin Enabling Act passed. 

1847. The Wisconsin constitutional convention meets. 

1848. May 29, Wisconsin admitted, leaving Minnesota (with 

its present boundaries) without a government. Au¬ 
gust 26, the “ Stillwater convention ” held, to take 
measures for a separate territorial organization, and 
asking that the new territory be named Minnesota. 
October 30, H. H. Sibley elected delegate to Con¬ 
gress. 

1849. January 15, H. H. Sibley admitted to a seat in Congress. 

March 3, the bill organizing the Territory of Minne¬ 
sota passed. March 19, its territorial officers ap¬ 
pointed. June I, Governor Ramsey declared, by 
proclamation, the Territory organized. September 3, 
the first territorial legislature assembled. 

1850. Great flood; highest water ever known. Minnesota River 

first navigated by steamboats. Census shows 6,077 
inhabitants. 

1851. Permanent location of capital, university, and penitentiary ; 

another flood. July 23, treaty of Traverse des Sioux 
completed. 

1852. July 26, the treaty ratified by the United States Senate. 

1853. W. A. Gorman appointed governor. The capitol building 

completed. 


of the History of Minnesota 


35 


1854. Celebration of the opening of the Rock Island Railroad 
the first road to the Mississippi River. Large immi¬ 
gration begins. 

1857. Enabling Act passes Congress, February 26. Governor Sam 

Medary (appointed by Buchanan) arrives on April 
22. Legislature passes a bill to remove the capital to 
St. Peter, but it fails to accomplish the object. Ink- 
paduta massacre, April. Land Grant Act passes 
Congress. April 27, extra session of the legisla¬ 
ture to apportion land grant. June i, constitutional 
convention assembles. Real estate speculation 
reaches its height, and is checked by the financial 
panic, August 27. Great reverses and hard times. 
Census shows 150,037 population. October 13, Con¬ 
stitution adopted and State officers elected. 

1858. State loan of $250,000 negotiated. Five million loan bill 

passed; is voted on April 15, and passes. Great 
stringency in money market. State admitted ]\Iay 
11. State officers sworn in May 24. 

1859. Hard times continue to intensify. “Wright County War.” 

“ Glencoe ” and “ Owatonna ” money issued. Work 
on the land grant roads ceases. Collapse of the five 
million scheme. First export of grain this fall. 
Hard political struggle ; the Republicans triumph. 

1860. Federal census, 172,123. 

1861. April 13. President’s proclamation for troops received ; the 

first regiment recruits at once; June 22, it embarks 
at Fort Snelling for the seat of war. 

1862. Call for 600,000 men. August 17, massacre at Acton; 

August 18, outbreak at lower Sioux agency; 19th, 
New Ulm attacked; 20th, Fort Ridgely attacked; 
25lh, second attack on New Ulm; 30th, Fort Aber¬ 
crombie besieged; September i, the bloody affair 
at Birch Coolie. September 19, first railroad in 
Minnesota in operation, between St. Paul and Min¬ 
neapolis. September 22, battle of Wood Lake ; 26th, 
captives surrendered at Camp Release ; military com¬ 
mission tries 321 Indians for murder, rape, etc.; 303 
condemned to die ; December 26,38 hung at Mankato. 


36 Chronological Arrangement 

1863. General Sibley’s expedition to the Missouri River; July 3, 

Little Crow killed; July 24, battle of Big Mound; 
July 26, battle of Dead Buffalo Lake ; July 28, battle 
of Stony Lake. 

1864. Large levies for troops. Expedition to Missouri River 

under Sully. Inflation of money market. Occa¬ 
sional Indian raids. 

1865. Minnesota regiments return from the Civil War and are 

disbanded. In all 25,052 men were furnished by the 
State. Census shows 250,000 inhabitants. 

1866-72. Rapid railroad building everywhere; immigration heavy; 

“ good times ” prevail, and real estate inflated. 

1869. College work begins in the State University. 

1873. January 7, 8, and 9, polar wave sweeps over the State; 

seventy persons perish. Grasshopper raids begin 
and continue five seasons. 

1877. Biennial session amendment adopted. Proposal to pay 

railroad bonds. 

1878. May 2, three flouring mills at Minneapolis explode; eigh¬ 

teen lives lost. 

1880. November 15, portion of the hospital for the insane at St. 

Peter destroyed by fire. 

1881. March i, the State capitol destroyed by fire. Railroad 

bonds redeemed. 

1884. January 25, State prison partially burned. 

1886. April 14, a cyclone strikes the cities of St. Cloud and Sauk 

Rapids, demolishing scores of buildings and killing 
about seventy people. 

1887. Important legislation regarding the liquor traffic, common 

carriers, and elections. 

1889. The legislature enacts the Australian system of voting in 

cities of 10,000 and over. The first electric street 
railway started in the State, at Stillwater. 

1890. United States census shows a population of 1,301,826. 

July, accident at Lake Pepin, one hundred people 
drowned ; cyclone at Lake Gervais. 

1891. June 15, a destructive cyclone started in Jackson County, 

near the town of Jackson, traversing Martin, Fari¬ 
bault, Freeborn, Mower, and Fillmore counties. 


of the History of Minnesota 


37 


1892. June 7, Republican national convention held at Minne¬ 

apolis. The Australian system of voting used at 
the November general election. 

1893. The legislature authorizes the appointment of a capitol 

commission to select a site for a new capitol, and 
provides a tax of two-tenths of a mill for ten 
years to pay for the site and the erection of a 
building. A great financial crisis causes the fail¬ 
ure of several banks and many mercantile and 
manufacturing establishments in the larger cities 
of the State. 

1894. September i, destructive forest fires start in the neigh¬ 

borhood of Hinckley, in Pine County. 

1895. Population by State census 1,574,619. 

1896. The Red Lake Indian reservation partly opened to 

settlement. 

1897. July 2, the monument at Gettysburg to the First Minne¬ 

sota Regiment was dedicated. 

1898. July 27, the corner-stone of the new capitol was laid. 

Minnesota supplied four regiments for service in 
the Spanish war, being the first State, May 7, to 
respond to the President’s call. October 5, the 
Pillager Indians attacked United States troops 
near Sugar Point, Leech Lake. 

IQOO. United States census shows a population of i,75Ij394- 
1901. Board of Control created. 

1905. Capitol building completed. State census shows a 

population of 1,979,912. 

1906. Fs^evised Code of the State Statutes becomes law. 

1907. Tax Commission established, Railroad legislation 

enacted, and its enforcement enjoined by federal 
courts. 


CHAPTER III 


Powers of a 
State. 


ORGANIZATION OF THE STATE 
15. References 

Bryce, The Avierican chs. xxxvi., xxxvii., xxxix.; Wil¬ 

son, The State, secs. 10SS-1105 (revised edition); Fiske, Civil Gov¬ 
ernment tn the United States, chs. vi., vii.; Hitchcock, Afuerican State 
Constitutions (a good book to show the nature of commonwealth 
constitutions, and the necessity of amendment). The constitution of 
Minnesota may be found in the Legislative Jl/anual, published every 
two years by the Secretary of State, and in Poore, Charters and Consti¬ 
tutions. The chief parts are printed in Appendix J. 

16. Restricted Powers of the State 

In the preceding chapters we were told how the 
people of Minnesota framed a written constitution 
under the limitations of the Constitution of the United 
States. Thus restricted, they were not able to do all 
the things that belong to a sovereign people, but in 
the conduct of their immediate affairs and matters per¬ 
taining to local government they were supreme. The 
coining of money, keeping an army or navy, declar¬ 
ing war, or making treaties was forbidden to them; 
nor could they abridge the rights of citizens of other 
States, or pay the debts that might be incurred in the 
aid of any rebellion; but the Federal power granted 
them the right of representation in Congress, of tak¬ 
ing part in the election of President and Vice-Presi¬ 
dent, and self-protection from invasion.^ With this 

1 Constitution of the United States, Art. I., Secs. 8, 9. 

38 


Restricted Powers of the State 


39 


agreement the State constitution was framed, ratified 
by the people as the instrument under which they 
were to be governed, and accepted by Congress as in 
accord with the Constitution of the United States. 

When we speak of the word constitution we mean 
a written instrument which sets forth the method of 
government, the division of powers, and the rights 
and privileges of the people. Such an instrument 
contains a preamble, a bill of rights, the provisions for 
a government, and various restrictions on the power 
of government, and provisions treating of finance, 
amendment, and franchise. The object of a writ¬ 
ten constitution is to give definite form and author¬ 
ity to government, to protect individuals against that 
government, and to establish justice. 

17. The Constitution, Preamble, and Bill of 
Rights 

The constitution of Minnesota became the organic 
law on May ii, 1858. When ratified by the people 
it contained, in addition to the preamble, fifteen arti¬ 
cles. The first of these is the Bill of Rights; then 
follow in succession the articles on Boundaries; Dis¬ 
tribution of the Powers of Government into the Leg¬ 
islative, Executive, and Judiciary departments; the 
Elective Franchise; School Funds, Education, and 
Science ; Finance and Banking; Corporations ; Coun¬ 
ties and Townships ; Militia; Impeachment; Amend¬ 
ments ; and the Schedule.^ 

The preamble is the enacting clause of the con¬ 
stitution, and sets forth the motive and design of the 

1 See Appendix J, containing § J of the constitution. 


Constitution 

defined. 


Contents of 
the 

Constitution^ 


Preamble. 


40 


Organization of the State 


Bill of 
Rights. 


Legal 

Rights. 


instrument, and who are the enactors.^ In order 
that there may be no dispute in regard to the rights 
the people possess and the powers with which the 
government has been endowed, a bill of rights, 
enumerating the privileges of the people, is inserted 
in the constitution. The bill of rights is in one sense 
the epitome of the precious privileges won by the 
Anglo-Saxon race. In it are to be found assertions 
of the right to reform or modify the government, 
of freedom of speech, of the press, and of religious 
liberty. A number of legal rights are contained 
therein, such as trial by jury, freedom from exces¬ 
sive bail, from unreasonable search, from imprison¬ 
ment for debt, and the prohibition of ex post facto laws 
and bills of attainder. The basis of criminal proced¬ 
ure is also provided for, in that every person charged 
with committing a crime must be indicted by the 
grand jury before he is put upon trial.^ 

“ Every person is entitled to a certain remedy in 
the law for all injuries to his person, property, or 
character; he ought to obtain justice freely and with¬ 
out purchase; completely and without denial; promptly 
and without delay, conformable to the laws.”^ In 
order to secure such an end the rights spoken of 
above and along with them the privilege of the writ 
of habeas corpus can be denied to none.^ 

The other articles of the constitution are construc- 

1 The instructor should make clear the reason for the preamble and 
the bill of rights. 

2 See ch. vii. on Administration of Justice. 

3 Constitution of Minnesota, Art. L, Sec. 8. 

^ The instructor will find it profitable to have the students make a 
comparison of the bill of rights in the State constitution with that of 
the United States. 


Amendment and Revision of the Constitution 41 

tive in that the frame of the government is outlined 
in them. With these we shall have more to do in 
other parts of the book, and therefore postpone for 
the time their discussion. 


18. Amendment and Revision of the Constitu¬ 
tion 

The people retain the important power to amend 
and revise their constitution from time to time. All 
amendments and revisions must be finally submitted 
to them or to their representatives. Amendments are 
made through the legislature, revisions by a conven¬ 
tion called by the legislature.^ 

Any member of the legislature may offer an 
amendment to the constitution, which, if it receives 
a majority vote of both houses, is published with the 
laws passed at the same session, and then submitted 
to the people (at the next election) for acceptance or 
rejection. If a majority of all the electors, voting at 
the election, favor the amendment, it becomes a part 
of the constitution. In case two or more amendments 
are submitted at the same time, the law provides that 
each shall be voted upon separately. In this manner 
of amendment there is a danger. The legislature 
may submit matters that are not in any sense con¬ 
stitutional. Thus questions which the legislature 
wishes to avoid may be put in the form of an amend¬ 
ment to the constitution, and the responsibility of 
further action evaded. Amendments becoming part 
of the constitution in this manner may make that 


Power to 
revise. 


1 Constitution of Minnesota, Art. XIV., Amendments. 


Convention. 


42 Orga 7 iization of the State 

instrument a body of laws instead of a set of 
principles. 

The legislature does not possess the power of 
revising the constitution, but it may take the first 
steps toward that end. Whenever two-thirds of the 
members of each house deem it necessary to revise 
the constitution a convention may be called, but not 
until the question, “ Shall a convention be called.^” is 
submitted to the people at the general election of 
members to the legislature. If a majority of the 
electors declare for a convention, the legislature at 
its next session must provide for one. The constitu¬ 
tion is explicit about the time land membership of the 
convention. The meeting of delegates must take 
place within three months after the election, and the 
delegates are chosen in the same manner and the 
same number as the members of the House of Repre¬ 
sentatives. The method of amendment and revision 
are shown in detail in the order of procedure given 
below.^ 

^I. Amendment 

{a) Proposal by members of the legislature. 

{U) Acceptance by a majority vote of the legislature. 

(c) Submission to electors. 

(jT) Ratified or rejected by electors. 

II. Revision 

(a) Proposed by member or committee of the legislature. 
iP) Acceptance by two-thirds of the legislature. 

(c) The question of a convention submitted to the electors. 
{d) If accepted the legislature provides for the holding of 
the convention. 

(^) Election of delegates. 

(/) Meeting of the convention. 

{g) Work of the convention referred to the people. 


Adniinistrativc Divisions 


43 


19. Administrative Divisions 

Each State is permitted under its constitution 
and that of the United States to regulate its own 
affairs. It can make towns and counties, provide 
for their organization, train militia, establish courts 
and police, levy taxes, arrange for the education 
of the youth, construct buildings for the care of 
insane, paupers, and the confinement of criminals, 
and build bridges and roads. In carrying out these 
duties and powers the State of Minnesota exercises 
its authority through these sets of officials, executive, 
legislative, and judicial. It is, however, to be noted 
that in practice government is administered by what 
we may call the Central Government and the Local 
Government. To each is intrusted a distinct part 
of the work of the State, both sharing the executive, 
legislative, and judicial duties spoken of above. The 
work of the central government is general, reaching 
all parts of the State, while that of the local govern¬ 
ment is confined to particular districts. 

In order to conduct the business of the central 
government, the governor is given power to enforce 
the laws in any part of the Commonwealth, but to do 
this he relies in no small degree upon the local offi¬ 
cers. On this account his executive work does not 
require the districting of the State, but in the crea¬ 
tion of a legislature some organization of districts is 
necessary, for each part of Minnesota has the right 
and privilege of representation in the making of the 
laws. As a result we have legislative districts. The 
assembly constituted by the gathering of the men 
elected from the various localities is called a legis- 


Administra- 

tive 

functions. 


Central 

government. 

Executive. 


Legislature. 


Judiciary. 


Local 

government. 


44 Organization of the State 

lature, and to it belong the powers of lawmaking, 
not only for the central, but also the local govern¬ 
ments. Towns and villages may enact ordinances 
which are necessarily subordinate to the laws enacted 
by the legislature. 

The judicial part of the central government is 
largely provided for by the constitution. Each com¬ 
munity has its State court under the name of district 
courts, in which the cases arising in the neighbor¬ 
hood are tried. In the schedule (a part of the con¬ 
stitution) six districts were first mentioned in which 
courts were established. From time to time the 
growth of the State and the increase of legal busi¬ 
ness demanded changes in the number of courts. As 
these changes became necessary the legislature 
altered the boundaries of former districts until there 
are now eighteen. Sometimes the judicial business 
within the limits of a single county is so large that a 
county constitutes a court district. Such is the case 
with Hennepin and Ramsey counties. 

The superior court of the central government is 
called the supreme court and is composed of five 
judges who sit at the capital of the State and hear 
appeals from the decisions of the district courts. 
When once rendered the decision of this court is 
final. 

In a very brief and summary way we have the 
work of the central government before us; the local 
government, occupying a very large part in the prob¬ 
lems of law and order, now demands our attention. 

The divisions of local government are more numer¬ 
ous than those of the central organization. They 
consist of the county, township, city, and village. 


Administrative Divisions 


45 


There is no special provision in the constitution for 
the existence of individual counties, towns, cities, or 
villages, but authority is given to the legislature to 
create them. In fact, it can be said that the State 
is the creator and initiator of local government. The 
people are permitted to provide their own govern¬ 
ment for local affairs, but it must be in the form and 
manner indicated by the constitution and statutes. 
Thus, when the establishment of a county is spoken 
of, it is meant that a part of the territory of the Com¬ 
monwealth has been set apart by the legislature to 
be in the future organized as a political community, 
or a quasi-corporation for political put-poses. The 
organization of the county is a step further in advance. 
It is vesting in the people the corporate rights 
and powers to carry on the business of the division 
called a county. The right of the people to act in 
this capacity is denied until the county is fully or¬ 
ganized as provided by the constitution and laws.^ 
But the formation of such a local government is a 
voluntary act, and may be undertaken by the people 
under the forms provided by the legislature. 

Just what is the relation of a county to the State ? 
The county is not a legislative district, nor a judicial 
one, although forming a part of these. The relation 
is rather fiscal and executive than otherwise. The 
State depends upon the county for the levying and 
collection of taxes,—that is, the county treasurers 
collect the taxes for all the political divisions in the 
State. Thus the people of a city, town, or village 
pay their taxes at the office of the county treasurer. 
He in his turn divides the money so collected among 

1 See pp. 62, 71. 


The county. 


Local 

government 
in its relation 
to the State. 


46 


Organization of tJie State 


Judicial 

functions. 


the different political divisions, giving part to the 
State, part to the town, city, or village, and retaining 
part for the uses and expenses of the county. The 
executive relation is through the office of sheriff. 
This officer enforces the laws of the State in the 
county, and is responsible to the governor for their 
enforcement. In turn the sheriff can call upon the 
governor for aid in suppressing riot and disorder. 
The legislative powers of the county are reposed, 
very largely, in the county commissioners, who are 
chosen by a vote of the people, as are all other 
county officers. 

The relations just spoken of in the case of the 
county are not so apparent when we come to the 
city, village, and town. These are all local divisions, 
and have no direct connection with the State govern¬ 
ment, other than in the right of the legislature to 
make laws for their organization^ and government. 
These local governments may possess judicial, execu¬ 
tive, and, to a minor degree, legislative functions. 
The city has a municipal court, where matters arising 
under the ordinances of the city are considered, and 
in some cases possesses a wider jurisdiction than that 
of a justice of the peace. The same may be said of 
a village, although when the village is small a justice 
of the peace is the judicial officer. The township is 
the smallest local organization, and exercises its 
judicial functions through a justice of the peace. 
These courts are original in their jurisdiction, that is, 
the cases which they hear originate in these courts 
and do not come to them from some lower court. 
If disagreement arises as to the decisions of the 


' 25 Minn. Reports 215. 


A dm imstrativc Divisions 


47 


judge or justice, an appeal may be usually taken to 
the district court, and finally, in some cases, to the 
highest tribunal in the State, the supreme court. 

The executive functions of the local divisions are 
numerous, but not closely connected with the central 
government. The constables of the townships and 
villages, and the police of the cities, are guardians of 
State property, and they also enforce State laws, but 
their particular business is local. The township is 
an election district when State elections occur ; again, 
this same division is also a taxing district. In the 
case of a city the entire city is an assessment district, 
divided into small sections for the convenience of the 
assessors. Outside the maintenance of order, the 
assessment of property, and the conduct of elections, 
the city, township, and village have little or no 
general functions of government to perform. In the 
paving of streets, furnishing of water and light, 
building sewers, and guarding public health, the 
functions of city and town government are very im¬ 
portant, and to this end has executive, legislative, and 
judicial departments. 

All of these bodies have certain powers which are 
the same in every local division throughout the State. 
Within the limits of these they are free to act; but the 
legislature may, whenever it sees fit, alter the powers 
and privileges of the local bodies. 

In the foregoing paragraphs the relations existing 
between the central and local governments have been 
pictured in a general way. In the next two chapters 
more detailed discussions of both governments will 
be taken up, — first the central, and second the local 
government. 


Executive 
iunctions 
of local 
governments. 


Control of 
the legisla¬ 
ture over 
local govern¬ 
ment. 


CHAPTER IV 


Division of 
functions. 


Elective and 

appointive 

officers. 


THE CENTRAL GOVERNMENT 

20. References 

Bryce, The American Commonwealth^ chs. xl., xli., xlii.; Wilson, 
The State, secs. 1126-1208; Fiske, Civil Government in the United 
States, ch. vi.; Nordhoff, Politics for Young Americans; Dole, The 
American Citizen, ch. xi.; ^nghi. Practical Sociology, ch. vi.; The 
Legislative Manual of Minnesota, 1907; The Revised Laws, 1905, 
of Minnesota (the index contains references to all officers and is 
an invaluable aid to the study of civil government). See also 
Appendices J, L, and M. 


21. The Executive 

The usual triple division of functions exists in the 
central government of Minnesota. The executive 
department consists of those officers who administer 
the affairs of the State; the legislative power rests 
with a Senate and House of Representatives; and 
the judicial power is vested in a supreme court and 
other minor courts. 

The officers who administer State affairs may be 
divided into elective and appointive officers. Of the 
first group there are the governor, lieutenant gov¬ 
ernor, secretary of state, auditor, treasurer, and attor¬ 
ney general, who are elected for terms of two years, 
with the exception of the auditor who is elected for 
four years. The other officials are appointed by the 
governor for two-year terms.^ 


* See Appendix L. 
48 


The Executive 


49 


The governor is the highest executive officer of the 
State. To hold this office he must be a citizen of 
the United States, twenty-five years of age when 
elected, and a resident of the State one year before 
election. His duties are somewhat similar to those 
of the President. When the legislature meets, 
which is every two years, he is to inform them by 
message of the condition of the State. He also acts 
as the commander-in-chief of the militia. In fact, 
the comprehensive duty of this officer is to see that 
the laws are faithfully executed.^ 

As the head of the Commonwealth, the governor 
possesses a number of important powers, which are 
put down here under four heads : (i) The Veto Power. 
In order that hasty legislation may be prevented, the 
governor, who is required to sign all bills before they 
become law, may withhold his signature from any 
bill sent to him by the lawmaking body; but the 
legislature may pass the bill over the governor’s 
veto by a two-thirds vote of each house. In appro¬ 
priation bills the executive may object to single items 
without affecting the other provisions. (2) Remov¬ 
als. A power of removal rests with the governor, 
which he may exercise in the case of appointive 
officers and those of local administrative districts 
who have to do with public money, and have been, 
in the words of the statutes, guilty of malfeasance or 
non-feasance in the performance of their official 
duties.^ (3) Vacancies. When vacancies occur, the 
governor may fill them by appointment until the next 
annual election. Perhaps the appointing power of 


The 

governor, 
qualifica¬ 
tions and 
duties. 


Powers of 
executive: 
(i) The 
veto power. 


(2) Remov¬ 
als. 


(3) Vacan¬ 
cies. 


* Constitution of Minnesota, Art. V., Sec. 4. 
^Revised Laws of Minnesota, 1905. §§ 26-29. 


50 


The Central Government 


(4) Pardon¬ 
ing power. 


Lieutenant 

governor. 


The 

secretary 
of state. 


the governor is the largest function he possesses. 
With the consent of the Senate he selects the insur¬ 
ance commissioner, superintendent of public instruc¬ 
tion, railroad commissioner, public examiner, adjutant 
general, and many other minor officers. In addition 
to these, the governor appoints the members of the 
governing bodies of State institutions and various 
boards.^ (4) The Pardoning Power. The usual 
pardoning power of the executive since 1897 does 
not rest with the governor alone, but is vested in a 
board of pardons consisting of the governor, attorney 
general, and the chief justice of the supreme court.^ 
The lieutenant governor is what might be called an 
emergency officer. His qualifications for the office 
are the same as those for governor. The duties, 
however, are almost nominal. The lieutenant gov¬ 
ernor is by virtue of his office the presiding officer 
of the Senate. In case of a vacancy in the guberna¬ 
torial office he becomes governor. 

22. Other Elective Officers 

The executive power is concentrated in a number 
of elective officers. The secretary of state in order 
of succession stands next to the lieutenant governor. 
His duties are of a miscellaneous nature. He keeps 
the seal and papers of the State, records the papers 
and bonds of corporations, companies, and county 
officials, publishes the laws, prepares the election 
blanks, takes the State census every ten years, and 
is a member of the State printing commission. 

^ See Appendix L. 

* Constitution of Minnesota, Art. V., Sec. 4. 


Appointive Officers 


51 


An important position is that of auditor. His 
term of office, because more skill is required for the 
duties, is four years. Two kinds of work are done 
by him, the regular auditing of State accounts and 
the superintendence of State lands. With the first 
group of duties go the matters of State taxes and the 
issuance of tax blanks and printed instructions to 
county officers; with the second the sale and over¬ 
sight of State lands belonging to the public school 
fund and the university. 

The funds of the State are received and distributed 
by the State treasurer. His duty is simple but 
arduous. An accurate account must be kept of all 
moneys received and paid out. 

With so many interests the State needs a legal 
adviser. Such an officer is the attorney general, who 
is adviser to the State officials and the counsel of the 
State in suits at law. He prepares the contracts 
made by the State, and receives reports of the crimi¬ 
nal cases prosecuted by the county attorneys in 
different counties, and attends to appeals in cases 
where the State is interested in the result. 

23. Appointive Officers 

A large number of officers appointed by the gov¬ 
ernor assist in the executive work of the State.^ 
These vary from insurance commissioner to custo¬ 
dian of the capitol. All appointive officers, with a 
few exceptions, hold their positions during the term of 
the governor. The impossibility of the mass of voters 
knowing anything about the qualifications necessary 

1 See Appendix L for Appointive Officers. 


Auditor. 


Treasurer. 


Attorney 

general. 


Reason for 
appoint¬ 
ments. 


52 


The Central Government 


Insurance 

Commis¬ 

sioner. 


Superinten¬ 
dent of 
Public 
Instruction. 


Public 

Examiner. 


Other 

Officers. 


for these minor offices makes it wise to place the 
appointing power in the hands of the governor. 

The office of insurance commissioner was created 
in 1872. His particular duty is to prevent the 
organization of irresponsible companies and to regu¬ 
late the action of foreign companies in the State. 
The superintendent of public instruction fills a posi¬ 
tion of great importance. He has general supervision 
of the educational interests of the State. The appoint¬ 
ment and general management of teachers’ insti¬ 
tutes rest with him, and he also acts as an adviser to 
the county and city superintendents. “ Ex officio ” 
he is a member of the Board of Regents of the State 
University, secretary of the High School Board, and 
a member of the Normal School Board. To each 
legislature the superintendent makes an elaborate 
report of the condition of the schools. The public 
examiner is the expert accountant of the State. He 
has almost unlimited power to examine the accounts 
of banks and public institutions. So important is the 
office regarded that the examiner is held in a bond of 
fifty thousand dollars. This office is an exception to 
the usual appointive office in that the term is three 
instead of two years. Besides these officers are the 
labor commissioner, the adjutant general, dairy com¬ 
missioner, inspector of illuminating oils. State libra¬ 
rian, State printing expert, fire wardens, custodian of 
public buildings and property, inspectors of bees and 
hotels. 


24. Commissions and Boards 

A number of executive functions have been placed 
in the control of commissions and boards. The mem- 


The Legislature 


53 


bership of these boards is determined by law, the 
governor appointing new members from time to time 
as vacancies occur. The public institutions are under 
the charge of a state board; and besides these are ad¬ 
ministrative bodies like the railroad commissioners, 
tax commission, boards of health, equalization, invest¬ 
ment, institutional visitors, fisheries, highways, live 
stock, sanitation, immigration, and examiners ap¬ 
pointed to examine candidates for admission to the 
practice of medicine, pharmacy, dentistry, law, and 
barbering. To the Railroad Commissioners are in¬ 
trusted the regulation of charges on transportation 
and grain storage.. The board is empowered to estab¬ 
lish maximum rates for carrying passengers and 
freight, and to inspect grain at various shipping 
points.^ The Board of Health has to do with the 
public health, and, if necessary, the enforcement of 
the State sanitary laws, while the Board of Equal¬ 
ization deals with the equalization of taxes in the 
different parts of the State. This board, however, is 
superseded after 1909 by the Tax Commission which 
was created by legislative act in 1907. Each board 
has a secretary, and thus far the board system has 
worked very satisfactorily in Minnesota. 

25. The Legislature 

The lawmaking body of the State consists of a 
Senate and House of Representatives, which meets 
at the capitol in St. Paul every odd-numbered year. 
The day of meeting is the first Tuesday after the first 
Monday in January. The session of the legislature 
is limited by the constitution to ninety days, during 
^Revised Laws, 1905, Ch. 28; Legislative Manual, 1905, p. 284. 


Boards 


Time of 
meeting. 


54 


The Central Government 


Membership. 


Qualifica¬ 

tions. 


the last twenty of which no new bills may be intro¬ 
duced by members of either house except by the 
written request of the governor. This is done to 
prevent the hasty passage of bills in the last days of 
the session. 

The membership of the two houses is quite differ¬ 
ent. The State is divided into sixty-three legislative 
districts; from each district one senator is elected. 
Each senatorial district elects one or more repre¬ 
sentatives, the number depending upon the popula¬ 
tion in the district. The Senate is thus composed of 
sixty-three members, and the House of Representa¬ 
tives of one hundred and nineteen.^ The terms of 
service also differ. Senators serve four years, 
representatives two. The members of the House 
are newly elected for each regular session of the 
legislature, but only one-half the senators are chosen 
for each regular session. The compensation of mem¬ 
bers has been fixed at $500 per year, and fifteen 
cents per mile for travel to and from their places of 
residence. 

The qualifications for membership in the legisla¬ 
ture are about the same as those of an elector.^ Any 
male citizen of the United States, who has reached 
the age of twenty-one, and has been a resident of the 
State one year, and of the district from which he is 
elected six months, may be chosen a member of the 
legislature. An additional restriction, however, has 
been placed upon senators and representatives, and 
that is that they may not hold, during their term, any 
office under the authority of the United States or the 

1 Apportionment of 1899. Legislative Manual, 1899, P- 124. 

2 Constitution of Minnesota, Art. IV., Sec. 9. 


The Legislature 


55 


State of Minnesota except that of postmaster. As 
to the fulfilment of these conditions, the constitution 
provides “that each house shall be the judge of the 
election returns and eligibility of its own members.” 

Legislation may originate in either house with the 
exception of bills for raising revenue, which must 
originate in the House of Representatives. In 
regard to the character of bills the constitution 
particularly says, “ In all cases when a general 
law can be made applicable, no special law shall be 
enacted.” ^ 

The constitution checks the power of the legislature 
to pass special laws relating to the affairs of local 
governing bodies, the property of individuals, county 
seats, corporations, or taxation. In addition to the 
limitations upon special laws the legislature cannot 
grant divorces or authorize lotteries. The inhibi¬ 
tions of local or special laws are not to be construed 
to prevent the passage of general laws on any of the 
subjects enumerated above. 

A bill in the legislative sense is a draft of a pro¬ 
posed law written in legal phraseology, and intro¬ 
duced in the legislature for its action. The method 
of passing upon such an act is quite complicated, 
(i) First of all the bill is introduced by a member or 
a committee at the time in the day’s session set apart 
for this purpose. (2) Then follows its reading, 
which may be the reading of the whole bill or of its 
title only. (3) If no objections are made at this 
point, the bill is ordinarily referred to one of the 
standing committees.^ (4) When ready the commit- 

1 Constitution of Minnesota, Art. IV., Sec. 33. 

For list of committees see Legislative Manual, 1905, PP- 


Legislation 

and 

constitu¬ 

tional 

prohibitions. 


Method of 
passing bills. 


56 


The Ceiitml Governme7it 


Veto. 


Devices to 
prevent hasty 
legislation. 


tee makes its report on the bill. (5) The bill is then 
read a second time and referred to the committee of 
the whole. If the committee of the whole is favor¬ 
ably impressed, it is recommended that the bill “ do 
pass.” (6) It now takes a place on the “calendar” 
of the house for final consideration. (7) When it 
is reached the bill is read section by section, and 
put upon its passage. (8) The bill having passed 
the house in which it is introduced, it is sent to the 
other house, where the same process is repeated. (9) If 
the bill passes both houses, it is engrossed, signed 
by the presiding officer of each house, and is then sent 
to the governor for his signature. The governor how¬ 
ever may veto the bill; that is, he may refuse to 
sign it. In such a case, he returns it with his objec¬ 
tions to the house in which it originated. The bill is 
then reconsidered, and if two-thirds of the members 
of each house concur in passing it again, it becomes 
a law in spite of the governor’s disapproval. If the 
governor desires to veto a bill he must do so within 
three days from the time it is sent to him. If he 
does not act upon it within that time, the bill becomes 
a law without his signature.^ In this lawmaking 
machinery are many checks for the purpose of pre¬ 
venting hasty legislation and possible corruption. 
Every bill is read three times, (although the first read¬ 
ing is likely to be by title only,) scrutinized by a com¬ 
mittee, carefully engrossed, debated, signed by both 
presiding officers and by the governor. If each 
officer acts conscientiously, but few objectionable bills 
can become laws, but the pressure of time often pre- 

^ Rules of House and Senate, Legislative Manu'al, 1905, pp. 151- 

172. 


The Legislature 57 

vents careful consideration by the legislature or 
executive. 

There is one class of bills that differs somewhat 
in method of treatment from the others. These are 
the appropriation bills, which may originate in either 
house. The governor, when he comes to sign such a 
bill, may object to any one item without vetoing the 
whole. If the legislature cannot pass the single item 
over the objection of the governor by a two-thirds 
vote, the remaining parts of the bill may become law; 
but the item vetoed remains invalid. This very wise 
provision was added to the constitution in 1876 
in order to prevent extravagant and unnecessary 
appropriations.^ 

The legislature possesses one judicial power. This 
is the impeachment and trial of State officers, — a 
power which has thus far been exercised only three 
times in Minnesota.^ The House of Representatives 
has the sole power of impeachment. By a majority 
vote this body passes upon the charges and presents 
them as a sort of indictment to the Senate. The 
Senate acts as a court and may convict by con¬ 
currence of two-thirds of the senators present. 
The Senate, however, may only remove from office 
the persons impeached; further punishment is left 
to the regular judicial authorities. The members 
of the legislature are not regarded as officers within 
the meaning of the constitution, and cannot be 
impeached. 

1 Constitution of Minnesota, Art. IV., Sec. ii. 

2 In the cases of Wm. Seager, State Treasurer, 1873, found guilty; 
Judge Sherman Page of the Tenth Judicial District, 1878, acquitted; 
and E. St. Julian Cox, District Judge, 1882, found guilty. 


Appropria¬ 
tion bills. 


Impeach¬ 

ment. 


58 


The Central Government 


The system 
of courts. 


Officers. 


26. The Judiciary 

The framers of the constitution made definite 
provision for a system of courts. They thought it 
necessary to establish a power that should render 
justice and interpret the laws as they were made and 
executed. The system in this State consists of a 
supreme court, district courts, courts of probate, jus¬ 
tices of the peace, and such other courts as the leg¬ 
islature may from time to time establish.^ Any 
addition to the courts provided in the constitution 
must be made by a two-thirds vote of the legis¬ 
lature. 

The supreme court is the highest court in the 
State. It is composed of one chief justice and 
four associates, who are elected for terms of six 
years. They receive salaries of $7000 each. In 
addition to the judges are the clerk and reporter. 
The clerk is elected for four years. His duties are 
numerous; he files the documents and records of 
cases tried in the court, arranges for the publication of 
the judges’ decisions in the newspapers, notifies attor¬ 
neys and parties to causes, and performs other duties 
prescribed by law. The reporter’s duties are very 
different from those of the clerk. His one work is 
to prepare the decisions of the court for publication 
in volumes of not less than six hundred pages. These 
volumes of reports, when printed and bound, are dis¬ 
tributed to the judges of the district and probate 
courts, the University, and the State officers. Others 
are placed on sale for the use of attorneys and the 
public. 


'Constitution of Minnesota, Art. VI., Sec. i. 


The Judiciary 


59 


The supreme court meets twice a year at St. Paul, 
beginning in April and October. If it is deemed 
necessary special terms may be held, but only after 
twenty days' notice in the newspapers of the State. 

Next below the supreme court are the district 
courts. The courts under this head are not county 
courts, although the districts sometimes coincide with 
county lines. These courts, like the others, are 
authorized by the constitution and established by the 
legislature. The State is now divided into nineteen 
districts, each district having one or more judges 
who receive $4200 per annum from the treasury 
of the State, and in some of the districts an addi¬ 
tional amount is paid by the county commissioners. 
The judges are elected for six years. These courts 
have general jurisdiction in civil and criminal cases. 

There are two justices of the peace for each town¬ 
ship, town, and city in the State, except in the case of 
cities where the municipal courts are given the powers 
of justices of peace. These officers have the power of 
holding court and of trying cases when not more than 
one hundred dollars is involved. The justice of the 
peace is elected for two years and receives fees as his 
compensation. 

The court system thus described is supplemented 
by the municipal and probate courts. The municipal 
courts are a creation of the legislature. Incorpo¬ 
rated cities may have municipal courts, but the power 
of these judicial organizations depends somewhat 
upon the charter of the city in which they are situ¬ 
ated. These courts possess a seal and are authorized 
to keep a record. The judges are elected for a term 
of four years and receive a salary varying with the 


Terms. 


District 

courts. 


Justices of 
the peace. 


Municipal 

courts. 


6 o 


The Central Govemmeiit 


Probate 

courts. 


Notaries 

public. 


size of the city. When a vacancy occurs in the 
judgeship it is filled by the city council. 

The constitution provides that there shall be a pro¬ 
bate court in each county. This court has jurisdiction 
in the settlement of estates and the probate of wills, 
the appointment of guardians, and the examination 
of insane persons. The judge is elected by the 
electors of the county for a term of two years. 

A great deal of the legal business done in cities 
and towns must be certified to by an officer of the 
law. For this purpose the legislature has provided 
for the appointment of notaries public, who may ad¬ 
minister oaths, take and certify depositions, acknowl¬ 
edge deeds, mortgages, liens, and other papers. 
These officers are appointed by the governor for 
seven years, and in receiving the appointment must 
pay a fee of and give a bond of $2000. The 
consideration of the jurisdiction and the procedure 
of these courts is reserved for the chapter on the 
“Administration of Justice.” 


/ 


CHAPTER V 

LOCAL GOVERNMENT 
27. References 

Fiske, Civil Government in the United States, chs. ii., iii., iv., v.; 
Bryce, The American Commonwealth, chs. xlviii., xlix.; Legislative 
Manual, 1899; Gerieral Statutes of Minnesota, 1894; Booth, To^unship 
Manual; ^ooih. Justices'' Manual, 1898; Local Government in 

Michigan and the Northwest, Johns Hopkins Studies, I. v.; Wilson, The 
State (revised edition). Secs. 1209-1259. The Revised Laws of 
Minnesota, authorized by the Legislature of 1901, were printed 
and distributed early in 1906. The Revision Act authorized the 
Supreme Court Justices to appoint a Revision Commission of 
three persons. This volume contains the State laws to date. 

On the general question of city government such books as Wilcox, 
The Study of City Government, Goodnow, Municipal I'roblems, and 
Mtinicipal Home Rule, and the last three chapters in Bryce’s American 
Commonwealth, I., will be found valuable as supplementary to the work 
in the last sections of this chapter. 

There has been no attempt in this chapter to set forth the details 
of the charters of the three larger cities. The outlines alone are given, 
but, whatever the charter changes, these will remain the same. 


28. The County 

The legislature of the State is the link that unites 
the central and local governments. The constitution 
vests in it the power to provide for the organization 
and government of counties, townships, villages, and 
cities. It should be said, however, that the legislature 
does not pass a special act in the case of townships, 
villages, and cities, the people of the communities con- 

61 


Local 

government 

organiza¬ 

tions. 


62 


Local Government 


Business of a 
county. 


Organiza¬ 

tion. 


cerned take the initiative and form the various organi¬ 
zations whenever they can comply with the provisions 
of the general statute which governs their action. A 
closer examination will bring out the particular fea¬ 
tures of each. 

The county is an administrative division standing 
between the central government and the minor local 
divisions. In this capacity it serves three principal 
purposes. The first of these is to help in the organiza¬ 
tion of the minor local divisions. The county officers 
are given the power to entertain petitions and to hold 
elections for the establishment of towns and villages. 
Second, the county officers act as the agents of the 
State in the assessment and collection of taxes, and 
in the apportionment of the school fund. Third, the 
county carries on local improvements not provided for 
by the smaller political divisions, such as the building 
of bridges, construction and repairing of roads, and 
erection of county buildings. The care of paupers, 
and sometimes of the insane, is also intrusted to the 
county. 

As already stated in a previous paragraph, a 
county is organized under an act of the legislature. 
The constitution declares on this point that no new 
county shall contain less than four hundred square 
miles nor shall any existing county be reduced below 
this amount. Some of the older counties do contain 
less than four hundred square miles and a number of 
the newer organizations have as many as five and six 
thousand square miles. The latter, as their popula¬ 
tion increases, will probably be divided. Each new 
county must contain at least two thousand inhabitants.^ 
^Revised Laws, 1905. § 380. 


The County 


63 


The organization of a new county may also be 
brought about by the petition of fifteen per cent of the 
resident voters. When such a petition is secured it is 
sent to the secretary of state at least ninety days 
before the general election. If the governor and 
auditor acquiesce in the petition, the governor, by 
proclamation, directs the people to vote upon the 
question. The people having indicated their desire 
to form a county, the governor authorizes the county 
commissioners, who were provisionally elected at the 
same time, to proceed with the organization. This 
they do, providing offices and stationery and electing 
an auditor and other officers authorized by law. 

When we come to look at the county a little more 
closely we find that it is a “body politic and corporate,” 
which means that the county has both political and busi¬ 
ness functions to perform. For this purpose certain 
powers have been granted, such as (i) to sue and be 
sued, (2) to purchase and hold real estate for the use 
of the county and such lands as are acquired through 
delinquencies for non-payment of taxes, (3) to sell 
and convey any real and personal property when for 
the best interests of the people, and (4) to make 
contracts and to do other acts necessary to the 
exercise of its corporate powers.^ 

A county thus created under the authority of the 
State is governed, if such a word can be applied here, 
in a very large measure by a body called the county 
commissioners. The number of these officers depends 
upon the population in the county. Where the popu¬ 
lation is less than seventy-five thousand, five commis¬ 
sioners are elected. Where the number of people is 


Method of 
organization. 


Powers. 


County 

commis¬ 

sioners. 


^Revised Laws, 1905, §§ 409-480. 


64 


Local Govemmmt 


County 

officers. 


Auditor. 


more than that figure, seven commissioners are elected. 
The commissioners are chosen by districts for a period 
of four years. The pay of these officers depends upon 
the assessed valuation of property in the county. 
Mileage to and from their homes to the county seat is 
allowed. The law which formerly limited the length 
of their sessions has been materially changed, and 
the compensation is now fixed by statute at a stated 
sum.^ The duties are numerous and varied. Among 
these are the choosing of grand and petit jurors, 
organizing new towns, townships, and counties, super¬ 
intending county buildings, providing for the poor, 
opening roads, caring for bridges, auditing claims, 
publishing an annual statement of receipts and ex¬ 
penditures, and fixing the rate of county taxes. 

The other county officers consist of an auditor, 
treasurer, register of deeds, sheriff, coroner, county 
superintendent, attorney, judge of probate, court com¬ 
missioner and clerk of the district court, surveyor, 
physician, and overseer of the poor. , To this long 
list of officers are intrusted the interests of the politi¬ 
cal body called a county. With the exception of the 
last two, who are appointed by the commissioners, 
these officers are elected. 

The auditor is in a broad sense the bookkeeper of 
the county. He is an elective officer holding his 
position, like the other county officers, for two years. 
The State requires a bond from him of at least 
^2000. In effect the auditor acts as a check 

^Revised Laws, 1905, § 423. Salaries as follows: Where 
assessed valuation is less than $6,000,000, pay $100; more than 
$12,000,000, pay $200; more than $20,000,000, pay $300; more 
than $50,000,000, pay $600; more than $100,000,000, pay $1,200. 


The County 


65 


upon the treasurer, for every warrant must receive 
his signature before it is paid. He is also the 
clerk of the board of county commissioners. The 
salary of the auditor depends upon the valuation of 
the property in the county in which he holds his 
office.^ The county treasurer as the custodian of the 
funds is one of the most important officers. In order 
to protect the people from any misappropriation of 
funds, the treasurer is obliged to give duplicate receipts 
for all moneys received, one of which must be deposited 
with the auditor. All of the taxes are collected by 
him, and in turn he apportions them to the different 
political divisions. Three times a year an auditing 
board, consisting of the county auditor, chairman of 
the county commissioners and the county clerk, ex¬ 
amines his accounts. His salary is the same as that 
of the auditor; ^ the amount of his bond is fixed by 
the county commissioners. 

The recording of land purchases, mortgages, bonds, 
trade marks and brands has been provided for by the 
establishment of the register of deeds. Real estate 
transfers may now be rated in the books of the county 
register of deeds by filing the papers with the date, 
names of owner and purchaser, and a description of 
the property. For the observance of his duties the 
register of deeds is held in a bond of ^5000 to the 
State of Minnesota. His salary consists of fees, except 
in Hennepin County. 

1 No auditor shall receive more than $1200 in counties where the 
property valuation does not exceed ^4,000,000, nor more than ^1500 
where the valuation does not exceed |l6,ooo,ooo, nor more than $2000 
where the valuation does not exceed ^10,000,000, nor more than 
$2500 where the valuation exceeds $10,000,000. See § 492 Re¬ 
vised Laws, 1905. The larger counties exceptions to this rule. 


Treasurer. 


Register of 
deeds. 


66 


Local Goverfiment 


The sheriff 
and his 
duties. 


Salary. 


Coroner. 


The sheriff is the peace preserver of the county 
organization. His office has probably the longest 
history of any of his colleagues in county govern¬ 
ment. Early in English history, as the represen¬ 
tative of the king he collected the taxes and rendered 
justice. The office, as the years have gone, has 
changed in its form and duties. Now the sheriff does 
not collect taxes. To-day he is the representative 
of the sovereignty of the people and not of a king. 
His duties are to keep and preserve peace in the 
county. In order to do this he is empowered to 
call upon such persons as he may think necessary 
to aid him. His further duties are to pursue and 
apprehend criminals; execute all warrants, writs, 
and other processes issued from a justice of the 
peace, district court, or other competent tribunal; to 
keep prisoners safely; to transport them, when neces¬ 
sary, to the reformatory and State prison; and con¬ 
duct insane persons committed by the probate court to 
the hospitals and asylums. His salary is determined 
in the case of nearly all the counties by the number of 
population.! The sheriff is assisted in his work by a 
number of deputies appointed by the board of county 
commissioners at three dollars per day. So important 
is this office regarded by the State that the sheriff is 
held in a bond of $5000 to $25000. 

In years gone by another county officer exercised 
important functions, but now his duty is but a vestige 
of what it once was. The coroner of to-day holds 
inquests over the bodies of persons who have come 


"^Revised Laws, 1905, §§ 551, 2697, 2698. General Laws, 1907, 
ch. 245, 372. Special Laws, 1891, ch. 373, § 3; ch. 426, § 23. 


The County 


67 


to death by known or suspected violence. He is 
aided by a jury of six persons. The coroner receives 
fees for his compensation. Unimportant as his duties 
seemingly are, the board of commissioners is author¬ 
ized to require of him a bond varying from ;^5ooo to 
$10,000.1 He is the only officer that can fill a vacancy 
in the office of sheriff. If the sheriff is charged with 
crime or misdemeanor, the coroner may serve a writ 
upon him or arrest him, if necessary. 

The public school interests of the county, outside 
of the special and independent districts, are looked 
after by a county superintendent of schools. He is 
expected to visit the schools in the county, to examine 
and license teachers, and to advise and consult with the 
various local boards of education. Under his super¬ 
vision at least one institute for the instruction of 
teachers must be held in the county each year. The 
State superintendent of public instruction receives 
from the various county superintendents reports and 
statistical matter relating to the schools. The re¬ 
muneration of this officer depends upon the number 
of common school districts in the county, and in no 
case shall be more than $1800 for the services rendered 
during the year in addition to traveling and other 
necessary expenses.^ 

Besides the judges and justices of the peace 
there are two judicial officers, the attorney and 
the court commissioner. The county attorney serves 
as a legal adviser to the commissioners and other 
county officers. When the county is a defendant 
in a case he acts as counsel; he also appears as 
prosecutor when the State brings a criminal action in 

^Revised Laws, 1905, § 583. 

^General Laws, 1907, ch. 33. 


In relation to 
the sheriff. 


County 

superin¬ 

tendent. 


Attorney. 


68 


Local Government 


Court 

commis¬ 

sioner. 


Other 

officers. 


Removal of 

county 

officers. 


that county. He draws all bills of indictment and 
presentment found by the grand jury. During each 
year the county attorney sends to the attorney 
general a report of the criminal cases tried in the 
county. The office held by the county attorney is 
very important in that the protection and defence of the 
rights of the community rest in no small degree in 
his hands. The remuneration he receives is fixed 
within the provisions of a general law by the commis¬ 
sioners of each county. 

The fact that the district courts do not remain con¬ 
stantly in session demanded, in the opinion of the 
makers of the constitution, a court commissioner who 
should exercise the powers of a district judge at cham¬ 
bers.^ He is empowered to grant writs of habeas cor¬ 
pus, and attachments, and to issue warrants. In the 
judicial districts in which there is more than one 
county, this office becomes important in keeping up 
the machinery of justice in those counties where no 
district judge resides. The term of office is four years, 
the remuneration is by fees, and a bond of two thou¬ 
sand dollars is required. 

In addition to the county officers already enumer¬ 
ated, there are several others, including the county 
physician, the overseer of the poor, and the surveyor. 
The last officer is elected for two years, the others 
are appointed by the commissioners. 

Experience has taught the makers of constitutions 
and laws that provision must be made for the removal 
of those officers who violate their trusts. In Minne¬ 
sota this power has been placed in the hands of the 
governor, who may remove from office any clerk of 

1 Constitution of Minnesota, Art. VL, Sec. 15. 


The Township 


69 


the supreme or district court, judge of probate, court 
commissioner, sheriff, coroner, auditor, register of 
deeds, county attorney, superintendent of schools, 
commissioner, treasurer, or any collector or receiver 
or custodian of public moneys, when evidence is 
sufficient to show that such officers have neglected 
their duty or have been guilty of malfeasance^ 

29. The Township 

The township in Minnesota, geographically, is an 
area of land six miles square. Upon this survey has 
been built the political body we call a town. It is 
interesting to note how the geographical form of the 
organization came into existence. At the suggestion 
of Thomas Jefferson, in 1785, Congress passed a land 
ordinance, one of the provisions of which included 
the present system of government surveys. A line 
running north and south is marked out, called the 
principal meridian. Twenty-four of these have been 
established, beginning with the line between Ohio 
and Indiana, and extending to the last one near Port¬ 
land, Oregon. On each side of the principal merid¬ 
ians range lines six miles apart are laid off and 
numbered east and west from the meridian. At right 
angles to these are drawn others parallel to a true 
line of latitude. These also serve as east and west 
base lines. North and south of the parallel are 
drawn township lines six miles apart. Thus by this 
simple system the western township has come to be 
as nearly as possible an area six miles square.^ Each 

1 General Statutes, 1878, ch. 9, § 3; 1881, ch. 21, §i. 

2 Fiske, Civil Government, 81-83. 


Township 

survey. 


Political 
organiza¬ 
tion of the 
township. 


70 Local Governmcftt 

township, in its turn, is divided into thirty-six sections, 
containing six hundred and forty acres each; a 
further division is made by dividing each section into 
halves and quarters, so that it is a very easy matter 
to describe and register land.^ 


A 



AB, principal meridian. CD, principal parallel or base line. 

As a political organization the town is one of the 
oldest forms of government. In almost prehis¬ 
toric times the scattered peoples in the forests of 
Germany and England met in assemblies to discuss 
the affairs of their tribes. To-day, in the township, 


^ Legislative Manual, 1897, ?• ^ 44 * 





















































































The Township 71 

the electors assemble annually to consider various 
matters of business. In relation to the county the 
township is a mere administrative division; but as a 
part of the larger idea of democratic government it is 
really the basis of the system, for it is certainly in the 
annual town meeting that the people have learned to 
govern themselves. The duties of this organization, 
although not numerous, are important. The town 
has to do with roads, restraining of cattle, the care 
of the poor, and the condition of fences. Necessarily, 
with these duties go the levying of local taxes and 
the election of town officers, such as supervisors, 
clerk, treasurer, overseers of highways, assessor, con¬ 
stables, and two justices of the peace.^ By law, the 
meeting where all these matters are considered is held 
on the second Tuesday in March. The township is 
the unit for elections — and is sometimes divided into 
voting precincts. 

Before the duties spoken of above can be carried 
out, an organization must be effected, by which the 
congressional township becomes a political body with 
an authorized government. The legislature has pro¬ 
vided the machinery for the transformation.^ When¬ 
ever twenty legal voters of any congressional town¬ 
ship sign a petition to the board of county commis¬ 
sioners asking that the township be organized as 
a town, the commissioners shall proceed to fix 
the boundaries, and give a name to the same. 
Any report made by the commissioners on the 
proceedings is to be filed with the county audi¬ 
tor, who shall within thirty days send this report 


Petitions to 
the county 
commis¬ 
sioners. 


* Booth, Township Manual. 
^Revised Laws, 1905, § 452. 


72 


Local Government 


Powers 
of the 
township. 


Terms and 
compensa¬ 
tion of 
officers. 


to the State auditor. A number of other provisions 
are made in the same law to change the name or 
boundaries when deemed necessary. Thus, when a 
meandering stream divides a township, making it 
inconvenient to do township business, one portion 
may be attached to the adjoining township whenever 
twenty legal voters in the fractional parts petition 
for it.^ The electors, in these instances, must possess 
all the qualifications of voters in county or State 
affairs. 

The powers of a town are similar to those of the 
county. Each town may sue or be sued, purchase 
and hold lands subject to the control of the legisla¬ 
ture, make such contracts as may be necessary, 
and dispose of and regulate the use of the corporate 
property of the town. The business of the town is 
placed in the hands of three supervisors. These men 
have general control over the town affairs, but are 
subject at all times to the action of the town meeting. 
The supervisors constitute a board of health, and 
have the power necessary to preserve the public 
health.^ The accounts which are payable by the 
town are subject to the auditing of the supervisors. 
Occasionally vacancies occur in the list of the town 
officers; these may be filled by persons selected by a 
majority of the board consisting of the three super¬ 
visors and two justices of the peace. 

The township officers hold their positions for one 
year, with the exception of the justices of the peace 
and the constables, who are elected for two years. 


^Revised Laws, 1905, § 452. 

® Booth, Township Manual, 1889, p. 46. 


The Village 


73 


The compensation is moderate. The town assessors 
receive $2 per day, the town clerk and supervisors 
$1.50 while attending to business in the town, and 
$2 when outside of the town, but no supervisor shall 
receive more than $40 in a year for his services. The 
town clerk may be paid fees for his services.^ 

30. The Village 

Previous to the constitutional amendment of 1896 
the legislature incorporated villages by special laws.^ 
The amendment provides that any town or city may 
frame its own charter under the general laws.^ A 
village which is unincorporated is in every sense 
a part of a town, and has the government of that 
body; but any district, section, or part of a section 
not already incorporated, which has been platted 
into lots and blocks, providing there is a resident 
population of one hundred and seventy-five, may 
become incorporated as a village. When twenty-five of 
the inhabitants petition the county commissioners, an 
election shall be held for the purpose of determining 
the question of incorporation. If the result is favor¬ 
able to such action, the commissioners file the certifi¬ 
cate of election, together with the petition, in the 
office of the register of deeds of the county. The 
village is then incorporated, and becomes a separate 
election and assessment district.® 

^Revised Laws, 1905, §§ 651-697. 

^ Constitution of Minnesota, Art. IV., Sec. 36. Up to the time 
of the taking effect of the Revised Laws villages and cities were 
organized under special act or any general law. The new law 
provides for uniform reorganization if desired by a village or city. 

^General Statutes, 1878, 2, ch. 10, § 212; 1885, ch. 145, § 9. 


Organiza¬ 
tion of 
villages. 


74 


Local Government 


Officers. 


Powers of 
the village 
council. 


The organization of village government takes place 
when officers are elected. The elective officers are 
a president, three trustees, a treasurer, recorder, two 
justices of the peace, and a constable. With the 
exception of the last three officers the term of office 
is one year. The justices and constable are elected 
for two years. 

The president, the three trustees, and the recorder 
constitute the village council. Under legislative re¬ 
strictions they are permitted to make ordinances for 
the government of the village. The council appoints 
a street commissioner, village attorney, pound master, 
sextons of the cemetery, fire wardens, and a special 
policeman. The council may also establish a fire 
department, library, board of health, markets, and 
waterworks, and is given the power to provide for the 
licensing of amusements, the levying and collecting 
of taxes, the plotting of parks, streets, and alleys, 
making and repairing of sidewalks, and whatever 
is necessary for the better administration of the 
village. 

A great many villages have been granted charters 
by special legislative act, but this was prior to 1891, 
and in some instances even to 1883; since that time, 
a number of laws have been passed classifying the 
villages and unifying village government. Thus the 
legislatures of 1891 and 1895 thought it wise to pro¬ 
vide an organization for the larger town. It was found 
that the village government of a small place was 
hardly sufficient for a village of two or three thou¬ 
sand inhabitants. The legislature in 1891 placed 
the number of inhabitants at three thousand for a 


The Village 


75 


town that was to enjoy the privileges of a larger 
organization.! The amendment of 1895 reduced this 
number to two thousand, but no difference was made 
in the organization.^ Under these provisions many 
towns and villages were organized, but the law lacking 
uniformity was materially changed by the revisors of 
the Code and the organization simplified by admitting 
towns and villages to the provisions of the home rule 
and Charter law. 

The elective officers of the larger villages are the 
same, with the exception of the judge, as those of 
the incorporated but smaller villages. There are the 
president, recorder, assessor, treasurer, and two trus¬ 
tees for each ward, and a municipal judge. The 
president is the executive officer of the village and 
the chairman of the council. It is his duty to see 
that the laws of the State and the ordinances of the 
council are observed and enforced. He possesses 
the power of veto over the action of the council. 
This body passes the ordinances necessary for good 
order and the regulation of fire department, police, 
parks, waterworks, public health, and other matters 
related to the welfare of the village. The power to 
levy an annual tax for village purposes upon the 
property within the village belongs to the village 
council. 

One of the institutions the village of this class 
enjoys over the smaller organization is a municipal 
court. The judge of this court is elected for two 
years, receiving as a remuneration from l^ioo to ^1500 
a year, depending upon the decision of the council. ® 

1 General Statutes^ 1894, § 1302. 2 General Laws, 1895, 69. 

^ Ibid., 1897, ^ 37 * 


The two and 
three 
thousand 
class of 
villages. 


Officers. 


Powers of the 
council. 


Village court. 


76 


Local Government 


Municipal 

legislation. 


The judge also acts as a clerk of the court ex officio} 
By this arrangement the duties of the recorder are 
reduced to the keeping of the records of the council 
and deeds and contracts relating to village affairs, and 
occasionally examining the books of the treasurer.^ 

In 1896 the constitution of the State was amended, 
granting the right to any city or village of a thousand 
inhabitants or over to frame its own charter within 
the general laws provided by the legislature. In time 
such a right will lead to greater uniformity in village 
government.^ 

31. Cities 

The cities of Minnesota have struggled for a num¬ 
ber of years to secure home rule. In 1891 special 
legislation concerning their government was stopped; 
two years later a model charter was passed by both 
houses and vetoed by the governor. In 1895 the city 
attorneys of the three largest cities framed a charter 
which failed to pass. An amendment to the consti¬ 
tution was proposed by the legislature in this year, 
and accepted by the people in 1896. The amend¬ 
ment, however, proved defective, but was modified at 
the next meeting of the legislature and ratified by 
the people in 1898. Under this amendment any city 
or town of a thousand inhabitants or more may frame 
its own charter. 

The machinery for framing a charter is set in 
motion in two ways: (i) by the judges of the district 
court, who appoint commissioners at their own voli¬ 
tion ; or (2) on request of ten per cent of the legal 

1 General Laws, 1878, ch. 84. 2 ^h. vii. 

3 Constitution of Minnesota, Art. IV., Sec. 36. 


Cities 


77 


voters. The board consists of fifteen freeholders who 
have been qualified voters in the city or town for the 
last five years. The board serves for four years, 
and must submit to the people a charter, signed 
by a majority of the board, within six months after 
appointment.^ 

The next step is the submission of the charter to 
the electors. This must be done at the next general 
election or at a special election. In order that the 
provisions of a new charter may become law, it is 
necessary that four-sevenths of all the electors voting 
at the election shall vote in favor of the charter. If 
the result of the election is favorable, the certificates 
showing the vote are signed by the mayor, and de¬ 
posited in the office of the secretary of state and in 
the archives of the city.^ 

The constitutional amendment provides also for 
the alteration of a city charter by the charter com¬ 
mission. The commissioners may, after thirty days’ 
notice through the newspapers, present an amend¬ 
ment to the people, but before such an amendment 


1 See General Laws, 1899, ch. 

2 Steps in securing a charter: - 

1. Petition to judges. 

2. Appointment of commis¬ 

sioners. 

3. The framing of the charter. 

4. Submission to voters. 

5. Amendment. 


351 - 

( Signed by ten per cent of quali¬ 
fied voters. 

At the volition of the judges of 
the district court, or on request of 
petitioners. 

Must be accepted by four- 
sevenths vote. 

Presented by commission or at 
request of five per cent of the 
people. Must be accepted by 
three-fifths of qualified voters. 


Submission 
of the 
charter. 


The election. 



78 


Local Government 


The general 
law of 1895. 


can become a law it must be accepted by three-fifths 
of the qualified electors. The insufficiency of this 
method was recognized in 1898, when the constitu¬ 
tion was so changed that any proposed amendment 
sustained by a petition signed by five per cent of the 
voters might be submitted to the people. The objec¬ 
tion to the first method was its lack of democratic 
and representative spirit. 

For the purposes of legislation the same amend¬ 
ment to the constitution divides cities into four classes 
as follows: those over fifty thousand inhabitants, those 
between fifty and twenty thousand, those not less 
than ten thousand, and those less than ten thousand 
inhabitants. . The legislature may, without violating 
the constitutional clause against special legislation, 
pass laws that will apply only to the different classes 
of cities. 

The legislature of 1895 provided by general law 
a form of charter which might be accepted in lieu 
of one made by a charter commission; so that a city 
not wishing to go into the doubtful experiment 
of charter-making might be incorporated under the 
form provided by the State.^ But even when a 
charter is made by a city the general regulations 
laid down in the State law must be conformed to. 
Under the law of 1895 a city of over ten thousand may 
be reorganized by a majority vote of the qualified 
electors residing in the city. Before this incorpora¬ 
tion can take place the inhabitants must signify their 
desire to be so governed by presenting a petition 
describing the territory. The petition is then filed 
in the office of the county commissioners, who an- 


^ General Laws, 1895, ch. 8, §§ 1-20. 


Cities 


79 


nounce an election, and, upon canvass of the returns, 
if favorable, issue certificates which are filed in the 
offices of the register of deeds for the county and the 
secretary of state.^ 

The act also provides for the division of cities into 
wards. Cities of more than thirty thousand population 
are required to have not less than ten nor more than 
fifteen such divisions; cities possessing less than thirty 
thousand population may have not more than ten 
wards. The city council determines the division of 
wards and their boundaries; any change in the ward 
boundaries can be made but once within a period of 
five years and then only by a two-thirds vote of the 
council. The wards are the basis of the council 
membership. Under the law of 1895 there are two 
groups of aldermen ; — those elected from the ward, 
and those elected at large. The first number are 
from each ward, the second vary with the size 
of the city. Thus in cities of six wards or less 
two aldermen are elected at large; in cities having 
ten or more wards eight aldermen are elected at 
large. Cities organized previous to this law under 
special act or charter do not conform to this method 
of electing members of the council. Minneapolis 
at the present time elects two members of the 
council from each ward. Should she adopt a new 
charter it would of necessity conform to the law of 
the State governing cities. 

Under an act of the legislature of 1907 cities are 
empowered to own, construct, purchase and operate 
public utilities. A three-fifths vote permits the city 


Ward 

organization. 


^ For officers see Appendix P. 


8o 


Local Government 


Salaries of 
aldermen. 


Powers of 
the city 
council. 


to enter into such an undertaking and to issue certifi¬ 
cates of indebtedness against the public utility for the 
means of purchase. This act will undoubtedly in¬ 
crease municipal ownership in the State.^ 

The salaries of all the officers of a city are regulated 
by legislation; occasionally cities secure special legis¬ 
lation in the form of a general law permitting them to 
pay more for the services of an officer.^ Ordinarily 
the compensation of aldermen, in cities exceeding 
thirty thousand, may be as high as $1200; in cities 
between this number of inhabitants and fifteen thou¬ 
sand, $300 is the limit. Below fifteen thousand, $100 
may be paid. 

The organization of the council takes place bien¬ 
nially on the first Tuesday after the first Monday in 
January. The officers, consisting of a president, vice- 
president, and secretary, are elected by ballot. The 
council after it is once organized meets once a month 
and transacts the business of the city, such as the 
making of ordinances, the awarding of contracts, the 
drawing of warrants, and the appointment of a city 
clerk, attorney, engineer, fire chief, and other officers. 
In addition to these powers the council may authorize 
the issue of bonds to incur an indebtedness for public 
buildings and improvements, levy taxes, condemn 
property, provide for bridges, docks, light, water, 
streets, sidewalks, and many other necessary things. 
In every city are street car companies, telephone, 
telegraph, and gas companies, which must be regu¬ 
lated and prevented from encumbering streets with 
their wagons, poles, tracks, and pipes. The city 
council has the power to pass ordinances for the 


^General Laws, 1907, ch. 452. 


Cities S I 

proper observance of the laws of hygiene, the regu¬ 
lation of saloons, and the suppression of vice. The 
enforcement of these laws constitutes the principal 
duty of the mayor and the police department. 

The executive department of a city consists of a 
mayor and a number of subordinate officers. The 
treasurer, and, in cities over thirty thousand, a comp¬ 
troller, and justices of the peace, are elected by the 
people; but the clerk, attorney, street commissioners, 
engineer, weigh master, and assessor are elected by 
the council. The members of the police department 
and the board of public works are nominated by the 
mayor. Over these officers the council has the power 
of removal by the presentment of charges and a two- 
thirds vote sustaining the charges. 

The mayor is the chief executive of the city. It is 
his duty to enforce the laws of the State and the 
ordinances of the city through the help of the depart¬ 
ment of police. The mayor has a very definite 
relation to the council. From time to time he is to 
inform this body concerning the affairs of the city. 
The law requires that every ordinance passed by the 
council must receive the signature of the city execu¬ 
tive before becoming a law. If the mayor vetoes an 
ordinance it may become a law over his negative, pro¬ 
viding it receives a three-fourths vote of the council. 
An occasional act of the council requires a three- 
fourths vote to make it legal, and in such a case the 
mayor’s veto can be overcome only by a unanimous 
vote. When the mayor refuses to sign a resolution 
or ordinance extending the bonded indebtedness of 
the city the decision is final. The mayor is not 
allowed to sign any ordinance, order, or resolution 

G 


City 

executive. 


The mayor. 


82 


Local Government 


Comptroller 

and 

treasurer. 


Boards. 


until four days have passed, and if not returned 
within ten days the ordinance, order, or resolution 
possesses the same force as though signed by him. 

The city executive appoints the chief of police and 
all patrolmen, the commissioner of health, the super¬ 
intendent of the workhouse, and the members of the 
library and park boards. The executive is usually a 
member ex officio of the several boards ; just what 
these are is determined by the city itself. 

The comptroller and treasurer are clerical and fis¬ 
cal officers. The first deals with the bookkeeping, 
warrant accounts, countersigning of bonds, examina¬ 
tion and auditing of accounts and claims; while the 
second receives the moneys of the city, keeps accounts, 
and apportions the receipts to the various funds under 
the direction of the council. To insure the safety of 
the finances and the responsibility of the treasurer he 
is required to give a bond equal to twice the amount 
of money likely to be received by him during the fiscal 
year. A further check is secured by requiring the 
comptroller to sign all warrants before they can be 
legally cashed by the treasurer, the payment of the 
warrants having first been authorized by the city coun¬ 
cil. The statutes of the State and the ordinances of 
the city are full of detail in relation to the work of 
the treasurer and comptroller in the expectation 
of guarding the public funds against possible cor¬ 
ruption or actual theft.^ 

Another feature of city government is the boards, 
the most important of which are the education, library, 
and park boards. The first of these will be treated in 
the chapter on “ Education ” ; the duties of the other 


1 See Appendix P. 


Mhineapolis 


83 


two are sufficiently indicated by their title. Unless 
otherwise provided in the charter the mayor appoints 
the members of the park and library boards. It has 
become quite necessary to include in a charter some 
plan for civil service. This has been done in the 
law of 1895. Under its provisions a city council may 
appoint from three to five experts to examine assistant 
engineers, inspectors and their assistants, and clerks 
for department positions. The basis for promotion Civil service, 
is the knowledge and efficiency of the candidates. 

The city council is also authorized to provide books 
for the registration of laborers who desire employ¬ 
ment on city works. In selecting men for work, they 
are usually employed in the order of registration. 

Many points concerning city officers have necessa¬ 
rily been omitted in a chapter like this, but matters 
relating to the collection of taxes, the conduct of 
justice, and the management of education will be left 
for consideration in later chapters. Our review of 
local government would hardly be complete without 
some reference to the charters of the three larger 
cities. 

32. Minneapolis 

The city of Minneapolis had its first beginnings as 
St. Anthony’s Falls in 1849. On the west side of the 
river another settlement sprang into existence which 
was christened Minneapolis in 1854.^ Four years later 
the newly christened city was vested with its first 
town government, but it did not assume the form of a origin of the 
municipality until 1867. The two thriving towns city. 

1 The name was suggested by Mr. Charles Hoag of the city, who died 
in 1888. 


84 


Local Government 


Officers and 
terms. 


Boards. 


situated on opposite sides of the same river found 
their interests would not be endangered by a union, 
and so in 1873 St. Anthony’s Falls was united with 
Minneapolis under the latter name. 

The present charter of Minneapolis was adopted 
in 1881 by a special legislative act and has been modi¬ 
fied and revamped from time to time by the legisla¬ 
ture. It may be called a council form of charter, 
that is, the principal powers of government are vested 
in the council. The elective officers are a mayor, 
treasurer, comptroller, municipal judge, justices of the 
peace, members of the city council, and the members 
of boards. The mayor, treasurer, and comptroller 
hold office for a period of two years. There are two 
aldermen from each ward, elected for a four-year 
term. The salary of an alderman is $1200 per year. 
The city is divided into thirteen wards, which makes 
the city council a body of twenty-six persons. This 
body appoints the city attorney, engineer, assessor, 
clerk, chief of fire department, and minor officers. 
On this point the charter says, “ All other officers 
necessary for the proper management of the affairs of 
the city shall be appointed by the city council unless 
otherwise provided in this charter.” ^ The powers of 
the council are extensive and include the appropria¬ 
tion of money, paving of streets, and the supervision 
of the various departments of the city government. 

The schools, library, parks, health, and charity are 
under the supervision of boards. The board of edu¬ 
cation is composed of seven persons who are elected 
for a term of six years. They are so chosen that their 
terms do not expire at the same time, and hence the 


1 Charter of Minneapolis, 1905, ch. II., § i. 


St. Paul 


85 


board is a continuous one. The library board con¬ 
sists of nine persons, six of whom are elected for the 
same period as the members of the board of educa¬ 
tion. The other three (the mayor of the city, the 
president of the board of education, and the president 
of the State university) are members ex officio. The 
term of service of the park board is six years. Fifteen 
members constitute this body. Three of them are ex 
officio members, the mayor, chairman of the council 
committee on roads and bridges, and the chairman 
of the council committee on public grounds and 
buildings. The affairs of the waterworks depart¬ 
ment, workhouse, fire department, police, public 
health, and hospitals are directed by committees of 
the council.^ 

The present charter has been modified and 
amended many times, but the difficulty in securing 
legislative action has made it inadequate to the require¬ 
ments of a growing city. Attempts have been made 
in 1898, 1900, 1904, 1906 and 1907 to frame a new 
charter, but without success. A new charter com¬ 
mission was appointed in January, 1905, but its work 
was largely confined to the remodelling of the work 
of the commission of 1898 and the existing charter. 
The commission’s charter failed of passage by an over¬ 
whelming vote. 

33. St. Paul 

The capital of the State is named after the chapel of 
St. Paul which was built in 1839 on the banks of the 
Mississippi. In 1854 the town that grew about the 

^ A codification of the charter ordinances, legislation and court 
decrees concerning Minneapolis was published in 1905. This 
can be had by application to the city clerk. 


86 


Local Government 


The charter 
experience. 


Elective 

officers. 


The mayor. 


chapel was incorporated as the city of St. Paul 
and was given a special charter. From time to 
time this charter has been modified. The con¬ 
stitutional amendment of 1891 prevented any further 
special legislation, and since that date the peo¬ 
ple of the city have been trying to secure modifi¬ 
cations of the charter. Under the charter commis¬ 
sion act another eifort, which was successful, was 
made in the spring of 1900, the people accepting the 
work of the commission. The present charter is a 
mixture of the federal and board types, the mayor 
appointing the members of the several governing 
boards, while the latter regulate and govern the affairs 
of the city in many of its departments. The elective 
officers under the charter of 1900 are the mayor, city 
comptroller, two judges of the municipal court, two 
constables, and the city council. In the council rests 
the power of removal by a two-thirds vote. 

The mayor is elected for a term of two years at a 
salary of $2^00. He appoints the board of school 
inspectors, fire commissioners, water commissioners, 
park commissioners, library board, board of public 
works, commissioner of health, board of police, and 
the directors of the workhouse. The power which 
the executive wields through these appointments is 
very important. As an executive officer the mayor 
has oversight of the city officers and boards. The 
usual provisions are made in the charter for the 
signing of ordinances, vetoes, and for advising the 
council by message.^ 

^An excellent compilation of the municipal code, of St. Paul 
was published in 1905. The reports of the city departments may 
be had in limited number, by applying to the city clerk. The 
boards and officers are enumerated there. See also, for the his¬ 
tory of St. Paul, The Pioneer Press, November 9, 1899. 


St. Paul 


87 


The common council is a bicameral organization 
consisting of a council and an assembly. The 
assemblymen are elected at large from the city, 
although certain restrictions are placed upon resi¬ 
dence to prevent too large a representation from one 
section. The aldermen are elected one from each 
ward. The present membership of the council is 
twenty, eleven aldermen and nine assemblymen. On 
certain occasions, as in the election of a city clerk, the 
two bodies act in joint session. The salary is $100 
per year and the term of office two years. 

The powers of the city council pertain to the man¬ 
agement and control of the finances and property of 
the city, and the passage of ordinances relating to 
government, order, suppression of vice and crime, 
issuance of licenses, paving, roads and bridges, and 
many other matters requiring regulation. The coun¬ 
cil elects only the city clerk, attorney, building 
inspector, and market master. The city treasurer, 
comptroller, and clerk perform the duties set forth 
in the section relating to the general government 
of a city.^ 

The St. Paul charter provides for an unusual num¬ 
ber of boards, whose members are appointed by the 
mayor. Nearly all of these boards serve without 
compensation, and undoubtedly give good service, 
guarding satisfactorily the finances and expenditures. 
The boards have already been enumerated. With the 
exception of the boards of water commissioners, park 
commissioners, workhouse and police directors, whose 
terms are for five years, the regular period of service 
is three years. 


Membership 
of the 
council. 


Powers of 
city council. 


Terms of 
boards. 


* See Chapter III. of Charter. 


88 


Local Government 


Charter 

history. 


Officers. 


Elective 

officers. 


34. Duluth 

The city of Duluth has struggled for a number of 
years to secure a new charter, and has finally suc¬ 
ceeded in doing so. Commissioners were appointed 
under the constitutional provisions to frame a con¬ 
tinuous and complete charter, but it was not until the 
spring of 1900 that such an instrument was actually 
accepted by the people. Many legislative acts had 
been passed to modify the old charter. The consti¬ 
tutional amendment of 1891 prevented any further 
legislation, and the citizens were thrown on their own 
resources. After much opposition a new charter was 
framed and accepted by the people. 

The Duluth charter may be described as an extreme 
form of the mayor type, in that the common council 
has almost no appointive powers. In the matter of 
appointive officers, the mayor is allowed to name all 
police officers, the members of the board of fire com¬ 
missioners, public works, light and water commis¬ 
sioners, civil service commissioners, and the park and 
library boards, assessor, city attorney, health officer, 
city engineer, and building inspector. He also has 
the right of veto subject to the usual restrictions upon 
that power. The city council in turn appoints the city 
clerk and a few minor officers. 

The elective officers of the city are the mayor, 
treasurer, comptroller, aldermen, municipal and spe¬ 
cial municipal judges. With the exception of the last 
two, who hold their offices for three years, the terms 
of office are two years. The aldermen number two 
from each ward and form the common council. This 
body fixes the salaries of minor city officers, passes 


Duluth 


89 


such ordinances as are necessary for the proper gov¬ 
ernment of the city, and may remove officers upon 
proper evidence. 

Three important boards are mentioned in the char¬ 
ter, the board of fire commissioners, the board of public 
works, and the park board. The first board is named 
by the mayor and elected by the council. It consists 
of three members appointed for three years. The com¬ 
pensation is $200 per year. The board has full con¬ 
trol of the fire department. Public works are always 
a part of a city’s business. In Duluth the matters 
of streets, public buildings, and paving are placed 
under the control of a board of three persons holding 
their offices for three years. The board passes upon 
contracts, and superintends the paving, sewers, and 
building within the city. The salary of the members 
of this board is ^1000 a year. The third board is the 
park board. The membership consists of three per¬ 
sons appointed by the mayor. Three years is the 
term of office. 

The power of removal of any officer or member of 
the boards rests with the city council, providing there 
is a two-thirds vote to sustain the charges that may 
be brought against an officer. 

The charter also provides an elaborate system of 
municipal ownership when desired by the people. 
The sale of public franchises is forbidden until the 
terms are published in the newspapers for six weeks. 
The council is limited in the granting of franchises to 
a period of twenty-five years. The regulation of the 
rates for public service is left in the hands of the 
council. The charter is an experiment, but embodies 
some of the latest ideas in municipal government. 


Boards. 


Rertioval. 


CHAPTER VI 


The 

franchise. 


NOMINATIONS AND ELECTIONS 

35. References 

Bryce, The American Commonwealth, II. chs. lix.-lxix.; General 
Statutes, 1894 (see index under Elections); Gejieral Laws of 1895, 
1897, 1899; Booth, Township Manual, Minneapolis, 1899; Legislative 
Manual, 1899, index. 


36. Who are Voters 

A man may vote in some States and still not be 
a citizen of the United States, but this is not true 
in Minnesota. The question of franchise and the 
restrictions upon its exercise are determined by the 
States under the authority of the Federal Constitution. 
Thus one State may require voters to live within its 
boundaries one year, another but six months; in all 
cases, however, the voter, if not already a citizen of 
the United States, must have signified his intention of 
becoming one.^ But the States may remove even this 
slight qualification if they choose. The privilege of 
the franchise in Minnesota is not as easily acquired as 
in earlier days. The constitution has been amended 

1 In reference to this point, see articles on “Citizens” and “Natu¬ 
ralization” in Johnson’s Cyclopedia, and Bryce, The American Com¬ 
monwealth, I. 419. 


90 


W/io are Voters 


91 


from time to time, changing the conditions of resi¬ 
dence, and making it more difficult to become an 
elector. In November, 1896, the last amendment was 
ratified, granting the privilege of voting to citizens of 
the United States alone. 

On the subject of franchise and the rights of 
voters the words of the constitution present the 
matter concisely and to the point. 

“ Every male person of the age of 21 years or 
upwards belonging to either of the following classes 
who has resided in this State six months next preced¬ 
ing any election, shall be entitled to vote at such 
election in the election district of which he shall at 
the time have been a resident for thirty days, for 
all officers that now are, or hereafter may be, elective 
by the people. 

“First — Citizens of the United States who have 
been such for the period of three months next pre¬ 
ceding any election. 

“ Second — Persons of mixed white and Indian 
blood, who have adopted the customs and habits of 
civilization. 

“ Third — Persons of Indian blood residing in this 
State, who have adopted the language, customs, and 
habits of civilization, after an examination before any 
district court of the State, in such manner as may be 
provided by law, and shall have been pronounced by 
said court capable of enjoying the rights of citizen¬ 
ship within the State. 

Another group has been admitted to the franchise 
on particular questions. Women who comply with 

1 Constitution of Minnesota, Art. VII., Sec. i, amended Novem¬ 
ber 3, 1896. 


Classes of 
voters. 


Women 

voters. 


92 


Nominations and Elections 


Restriction 
of the 
franchise. 




the same conditions as the male voters may vote 
upon matters relating to schools and libraries and 
may participate in the election of officers having 
them in charge. 

Residential restrictions have been placed upon 
voters by the constitution, making it necessary for 
a citizen of the United States, either native born or 
naturalized, who has been living in another State, 
to reside in Minnesota six months previous to the 
election before he can vote.^ Even a citizen of the 
State cannot vote in an election district unless he 
has lived in it at least thirty days next preceding 
the election. These restrictions are necessary to good 
order and pure elections. The election law of the 
State has also decreed that persons convicted of 
treason or felony, or who are under guardianship, or 
are insane, shall be excluded from the franchise. 

We now have pretty well before us the qualifica¬ 
tions necessary for citizenship. The whole matter 
may be made somewhat clearer by the following 
schedule. 

1 In reference to the question of United States citizenship as a 
requirement for voting in the State, a very interesting point -was raised 
in the case of the mayor-elect of Redwood Falls. This officer was 
elected under the impression that he was a United States citizen. It 
was found that the mayor was born in Canada and that he was but five 
years of age when his father moved to Minnesota Territory. The father 
failed to take out the “ second papers ” necessary to full United States 
citizenship. The attorney general to whom the question had been re¬ 
ferred decided that any foreign-born elector who was in the Territory 
of Minnesota at the time it was admitted to statehood was a full citizen 
of the State, on the ground that the action of Congress in admitting 
Minnesota to the Union was tantamount to a collective naturalization 
of the citizens of the Territory. 




Nomination of Candidates 93 


Conditions of Suffrage in Minnesota 


Persons 

Qualifications 

Alales 

Natives of the United States. 

Age 21 years and upward. 

Foreigners who have been natu¬ 
ralized. 

Residence 

In the United States five years. 

In the State six months. 

Civilized half-breeds. 

In the election district thirty 
days. 

Civilized Indians who have been 

Status 

Not convicted of treason or 

examined. 

felony. 

Women 

Not under guardianship. 

Belonging to either of the classes 

Not insane. 

described above may vote upon 

Women 

measures relating to schools and 

The same as those of the male 

libraries. 

voter. 


37. Nomination of Candidates 

There are three ways of nominating candidates 
for office: first, by direct vote; second, by convention, 
which includes the machinery of the party caucus; 
and third, by petition. With the exception of State 
officers, and the officers of towns, villages and cities 
of the fourth class, and members of school, park and 
library boards in cities of less than one thousand in¬ 
habitants, the nominations are made by the first 
method. 

(i) On the first registration day, voters who have 
registered are presented with ballots of the party with 
which they are affiliated. These ballots contain the 
names of the persons who are candidates for the dif¬ 
ferent offices. Any person who is eligible may file, 
at least twenty days before registration day, his affi¬ 
davit when accompanied by the required fee.^ His 


Schedule of 
Suffrage. 


Methods of 
Nomination 


Nomination 
by direct 
vote. 


'^Revised Laws, 1905, §§ 181-203. 








94 


Nominations and Elections 


name is then placed upon the ballot which is submitted 
to the voters of the party on registration day. The 
rules of elections apply to the procedure of the day. 
Votes are counted and submitted by each precinct to 
the county canvassing board which prepares, signs 
and files with the county auditor the names of candi¬ 
dates, offices, party and votes received. The announce¬ 
ment of the nomination is made officially on or before 
ten o’clock A. M. of the fourth day after the election. 
The candidates receiving the highest vote are nomi¬ 
nated and their names appear on the party ticket at 
the regular election. 

(2) The work of the party convention is limited to 
Convention, the selection of delegates to the congressional, state 
and national conventions. The State convention nomi¬ 
nates the candidates for State offices, the congressional 
convention selects delegates to the national party con¬ 
vention. The organization of a State nominating 
convention is preceded by the election of delegates by 
the various party caucuses^ in the city, town, county, 
or congressional districts. The political parties in the 
State have what are known as committees, one for the 
State, and one for each county and city and some¬ 
times township. These bodies have the oversight 
and management of a party’s afifairs. Thus the State 
central comniittee has general charge of the campaign 
throughout the State, the county committee looks after 
the interests of the party in the county, and so on 

^“A caucus is a meeting of voters belonging to the same 
political party in a ward, township, or other election district, 
held for the purpose of nominating candidates for office or choos¬ 
ing delegates to a convention. Theoretically, every voter belong¬ 
ing to a party in a district has a right to attend the primary and 
vote .”—Century Dictionary. 


Nomination of Candidates 


95 


down the line until we come to the voting districts 
(which in cities of over two thousand must not con¬ 
tain over four hundred voters), where we find a 
committee that has charge of the party’s affairs in the 
district. The chairman of the district committee, or 
better the precinct committee, must see that notices 
are posted of the coming caucus election at least 
twenty days before the event. In this notice appear 
the date, place, hour, and number of delegates to be 
elected. The call for the caucus is signed by the 
chairman and secretary of the larger committee that 
has the election in charge. The precinct committee 
carries out the instructions issued by the county, con¬ 
gressional, or city committees. The primary having 
been called, and the hour of meeting at hand, the 
chairman or secretary of the precinct committee calls 
the assemblage to order, and proceeds to form an 
organization. In case both of these officers are 
absent, any of the voters may act as the temporary 
chairman. From the members present a chairman, a 
clerk of election, and two judges of election are chosen 
by a viva voce vote. 

The organization now completed, the chairman 
administers the oath of office to the newly elected 
officers and the work of casting the ballots for dele¬ 
gates to the convention proceeds. The officers of the 
caucus have particular duties to perform; the chair¬ 
man administers the oaths and presides, the clerk 
makes minutes of the meeting and administers the 
oath to the presiding officer. The judges of election 
receive the ballots of the voters qualified to vote, and 
make a record of the name and address of every voter 
before he casts his ballot. After the hour of the pri- 


Notice of 
primary. 


Organiza¬ 
tion of 
primary. 


Officers. 


96 


Nominations and Elections 


mary has passed the judges count the ballots, and 
declare elected those who received a plurality of the 
votes cast. It then becomes the duty of the chair¬ 
man and the clerk to furnish the delegates-elect with 
proper certificates of election. 

The primary law is explicit and strenuous in regard 
to the time of meeting, which is limited to the hours 
2-9 p. M. If more than one caucus is to be held in 
a city, town, or county, they must be held at the same 
hour and on the same day. 

Under this law the parties that poll at least five per 
cent, of the total vote cast inside a county, city, or 
district may elect delegates to their various local con- 
Conventions ventions. A State convention may be held by a party 
that has polled a vote equivalent to one per cent, of 
the total vote of the State. The State central com¬ 
mittees of the various parties determine the number 
of delegates to the State convention that shall be 
allotted to the different counties. A regular rule has 
been established, largely by usage, basing the repre¬ 
sentation in the State convention upon the vote cast 
by the counties for the last preceding party candidate 
for governor. The delegates selected by the various 
primaries in a county meet at the call of the party 
chairman to name delegates to the State convention.^ 
The delegates so selected from the various counties 
form the State convention. On a certain date set 
by the central committee the delegates assemble in 
one of the larger cities and proceed to the selection 
of candidates for the State offices, and delegates to 
the national party convention. When the different 
parties have made known their choice of candidates, 


^Revised Laws, 1905, §§ 204-212. 


Nomination of Candidates 


97 


the secretary of state arranges the names on the 
Australian ballot in time for the general election. 

(3) The third method of choosing candidates for 
political offices is by petition. The law provides 
every means to give to protestors and the minority 
some representation in the selection of candidates. 
Persons may be nominated for State offices when sup¬ 
ported by a petition containing names to the number 
of one per cent, of the total party vote at the last elec¬ 
tion, for congressional or judicial positions when sup¬ 
ported by a petition of five per cent, of such voters. 
In the case of the city, county, and legislative officers 
the candidates’ names must be accompanied by a peti¬ 
tion of ten per cent, of the party voters. But in no 
case shall over two thousand names be required for 
the State offices or more than five hundred for the 
others.^ 

The local government is put to a considerable 
expense in printing the ballots and preparing the 
blanks and notices of an election. The State law pro¬ 
vides that a candidate for a State office or his friends 
must deposit $50 with the secretary of state; the 
seeker for congressional honors must pay $10 to the 
county auditor if his district consists of a single 
county, otherwise the fee is twenty dollars; the county 
officers pay $10 to have their names on the ballot of 
their party; and the candidates for city places deposit 
$5 with the clerk of the municipality. In towns of 
less than three thousand this last amount is reduced 
to $2. When no compensation is paid for the work of 
the office the fee is omitted. When the secretary of 
state, the county auditors, and the city clerks have 


Nomination 
by petition. 


Fees of 
candidates. 


^Revised Laws, 1905, §§ 213-215. 


98 


Nominations and Elections 


Contents of 
the act. 


Bribery and 
corruption. 


Items of 
expense. 


received these sums and deposited them with the dif¬ 
ferent treasurers, the names of the candidates may 
appear on the ballots. 

38. The Corrupt Practices Act 

The legislature in 1895 passed an act, as has been 
done in many other States, defining bribery in elec¬ 
tions and limiting the expenditures of candidates for 
office.^ The severe penalties of the act have been 
modified by the Revised Laws. This legislation deals 
with bribery, stuffing the ballot box, and kindred 
offences, election expenses, contributions to party 
funds, disbursements of money by party committees, 
and the method of procedure against actual or sus¬ 
pected violators of the law. 

Bribery, as defined in the law, includes three sepa¬ 
rate acts: (i) the receiving of bribes, (2) the giving 
of bribes, and (3) the contributing of money with the 
knowledge that it is to be used for corruption. Upon 
conviction the violators of the act may be subjected 
to imprisonment in the penitentiary, or to a fine, or 
both. The framers of the law recognized that other 
means are open for corrupting voters, for they in¬ 
cluded in the law a clause against the use of force or 
coercion. Persons found guilty of such acts are 
adjudged guilty of felony or misdemeanor. 

The act, however, permits the candidate to expend 
some money in a legitimate way. He is allowed to 
pay travelling expenses, rent of halls, and the ex¬ 
penses incurred for speakers, challenges, clerks, the 
copying of poll lists and the canvassing of voters. 

^General Laws, 1895, ch. 277. See also Revised Laws, 1905, 
§§ 348-379. 


The Corrupt Practices Act 


99 


The law further declares that all candidates for any 
public office within the commonwealth must report in 
writing, verified by affidavit, the amount of money 
spent for these different objects. This statement 
must be filed in the office of the county auditor within 
thirty days after the election. No officer can issue a 
certificate of election until the statement of expenses 
has been filed. 

The question as to what constitutes reasonable ex¬ 
penses is not left unanswered. The act states that 
no candidate shall pay out or expend in any manner 
connected with an election more than $250 for five 
thousand voters or less; $2 more may be added for 
each hundred voters up to twenty-five thousand; for 
each hundred voters over twenty-five thousand and up 
to fifty thousand $i may be expended; and for each 
hundred voters over fifty thousand, fifty cents. 

The party campaign committees usually come into 
the control of considerable sums of money during 
election periods. The legislature did not overlook 
this fact, and provided that the money of such com¬ 
mittees be distributed through a treasurer, who must 
file in the office of the county auditor within thirty 
days after the election an account of receipts and 
expenditures. If the committee neglects to keep books 
and accounts as prescribed by law the treasurer shall 
be guilty of a misdemeanor. 

The reports, affidavits, and accounts filed by candi¬ 
dates in the offices of the county auditors are open to 
public inspection for four years. After that time the 
auditors or their successors shall destroy the accu¬ 
mulated reports. 

In order the better to secure the enforcement of 

i.tfC 


Reasonable 

expenses. 


Campaign 

committees. 


lOO 


Nominations and Elections 


Action 
before the 
court. 


Results of 
the law. 


Time of 
elections. 


the act the courts are open, within limits, to those 
who wish to bring charges against officers who violate 
the law. Charges may be preferred against the suc¬ 
cessful candidate by the person having the next highest 
vote. The hearing before the court is secured by 
applying to the attorney general of the State to begin 
proceedings. In order to insure good faith this appli¬ 
cation must be accompanied by a bond of $1000. The 
charges also must be set forth in specific and definite 
language. Within ten days after the receipt of the 
application and bond the legal officer of the State 
must either begin the action in person or instruct the 
county attorney of the county in which the officer 
resides to begin proceedings. If the attorney general 
refuses to comply with his request, the applicant may 
bring the action at his own expense. 

Since the enactment of this law, the reports and 
accounts of committees and candidates have been filed 
with great regularity. Occasional complaints have 
been made concerning the expenditure of money, 
but no important suits have been brought. The law, 
nevertheless, serves a very useful function in that it 
acts as a check upon election expenses and the con¬ 
duct of candidates. 

39. Machinery of Elections 

The general elections in the State are held in every 
even-numbered year, on the first Tuesday after the 
first Monday in November. At this time in every sec¬ 
ond, fourth, or sixth year, presidential electors, mem¬ 
bers of the legislature, representatives in Congress, 
State, county, and sometimes city officers, and the 
judges of the supreme and district courts are selected. 


The Machinery of Elections loi 

The machinery of elections is elaborate and intri¬ 
cate, although from the point of view of the voters 
the workings are comparatively simple; but back of 
the scenes of election day are the preparation of 
blanks, notices, and ballots, the appointment of elec¬ 
tion officers, registratic^n, posting of the lists of voters, 
the counting of the ballots, the official canvass, and 
the final deposit of results with the various city, 
county, and State officers. In other sections of this 
chapter we have described the nomination of candi¬ 
dates; in this we shall have to do with the points just 
mentioned. 

The voter first comes in contact with the election 
machinery through what is called “registration.”' By 
this is meant the listing of the names and addresses of 
all of those who are qualified electors. The inten¬ 
tion of this part of the law is to prevent illegal voting 
and to give an opportunity to challenge voters. In 
all towns and cities having more than twelve hundred 
inhabitants, registration of voters is required by law. 
Such cities are divided into three groups: (i) those of 
less than twelve thousand people, (2) those having 
between twelve thousand and forty thousand, and (3) 
those of over forty thousand population. In the first 
group no regular questions are asked of the voter, 
although he takes an oath which binds him to answer 
such questions as may be put to him. In the second 
group, questions must be answered as to name, age, 
place of residence, nativity, color, length of residence 
in the United States, in the State, and district, as to 
ability to read English, and as to last place of regis¬ 
tration. Foreign-born voters must also state whether 
they have received their first or second papers, and 


Election 

details. 


Registra¬ 

tion. 


Questions 

asked. 


102 


Nominations and Elections 


Posting of 
lists. 


Preparation 
of ballots. 


where such papers were taken out. To the questions 
asked in the second group are added, in the third 
group of cities, inquiries as to whether the voter is 
a householder, boarder, lodger, or employee.^ The 
boards that conduct the registration are required to 
meet in all the cities at least three times, and in the 
cities of over forty thousand inhabitants a fourth 
meeting is held on the Saturday previous to the elec¬ 
tion. On the days of registration the polls are open 
from six A. M. to nine p. m. After each day of regis¬ 
tration the books are turned over to the city clerk or 
recorder for safe keeping. The law requires that at 
least ten days before election the list of voters must 
be posted in a conspicuous place near the polls. 

One thing remains to be done before the election 
takes place, and that is the preparation of the ballots. 
Since 1891 the entire State is under the Australian 
ballot system.^ The ballots containing the names of 
the candidates for State offices are white, the munici¬ 
pal ballots are red, and the county and miscellaneous 
offices are placed on a blue ballot. The first is pre¬ 
pared by the secretary of state, the city clerk arranges 
the second, and the county auditor the third. When 
the officer under whose authority the ballot is issued 
orders the facsimile of his signature to be printed 
under the words ‘‘official ballot,” this action on his 
part designates it as such. Two weeks before the 
election the ballots must be ready for distribution, 

^Revised Laws, 1905, §§ 234-5. 

^ For the Australian ballot system, see Wigmore, The Aus¬ 
tralian Ballot System. 


The Conduct of Elections 


103 


and at that time printed in the newspapers of the 
cities and counties. Sample ballots are kept in the 
offices of the city clerk, county auditor, and secretary 
of state for public inspection. On the day preceding” 
the election the ballots are delivered to the judges of 
election by special messengers. Every precaution is 
taken to prevent fraud. 


40. The Conduct of Elections 


All preparations have now been made with the 
exception of the choosing of judges, clerks, and con¬ 
stables. These officers are selected some time before 
registration begins, but it is at this point in our 
description of election proceedings that we can best 
describe the methods of choosing them. 

In towns and townships where there is but one elec¬ 
tion district, the supervisors or town council may act 
as judges of election. The number of judges is three, 
but not more than two may be of the same political 
party. The judges in turn select one of the clerks of 
election, the town clerk serving as the second one. 
This plan is somewhat changed in towns and cities o£ 
two or more election districts. With respect to these 
the law provides that thirty days before the election 
the local committees of parties may furnish to the 
council a list of qualified electors who are willing to 
serve as judges. From these lists the common council 
selects judges, not more than two in the same precinct 
can be of the same political party. If no lists are 


Selection of 

election 

officers. 


Judges and 
clerks, how 
selected. 


104 


Nominations and Elections 


Duties. 


presented the council selects judges and clerks from 
the different parties in the order of their voting 
strength.^ The fourth judge and two of the clerks ren¬ 
der no service in the registration of voters, but appear 
on the election day. The election constables, like the 
clerks, are chosen by the judges. 

In cities of the first, second, and third classes the 
judges constitute a board of registration in their 
various districts. In such case they meet on Tuesday 
seven weeks before general elections and two weeks 
before special elections. They also constitute an elec¬ 
tion board for the nominations by direct vote which 
are made on the first registration day. 

The duties of the judges are comparatively simple. 
One of them has charge of the ballots. He delivers 
to the voter the several ballots and receives from him 
the ballots which he has marked in the booth. The 
ballot judge then places each ballot in its proper 
box. The other two, or in case of cities of over ten 
thousand inhabitants, three, have control of the regis¬ 
ters compiled from the names of electors registered 
previous to the election, and mark the name of each 
voter when he delivers his ballot to the ballot judge, 
who deposits it in the proper box. The clerks keep 
poll lists in which the name, residence, and the color 
of the ballot box in which the ballots are cast are 
noted. These lists are supposed to correspond with 
those kept by the judges. 

The ballots are in the form of the Australian ballot, 
and must be properly marked by the voter. Any 
^Revised Laws, 1905, §§ 227-233. 


Canvassing Boards 105 

technical error does not cause the rejection of the 
vote unless it is impossible to determine the intention 
of the voter. The elector in case he cannot write 
may receive aid from some person appointed by the 
ballot judge. 

The law permits any municipal corporation to in¬ 
stall voting machines in any voting district. The 
machines adopted must protect the secrecy of the 
ballot. No clerks can be employed and not more than 
three judges when machines are used.^ 

41. Canvassing Boards 

As soon as the polls are closed the ballot boxes 
are opened in the presence of judges, clerks, and 
party challengers, and the counting begins. The 
judges of election first prepare, at the end of each 
poll list, a summary of the number of persons present 
and voting, the number of women, and the number of 
white, red, and blue ballots recorded as cast. When 
the statements have been prepared and signed, the 
ballot boxes are opened, examined, and the ballots 
taken out and arranged. Beginning with the boxes 
containing the votes for State officers, the ballots are 
counted to see if the number agrees with the poll list. 
If the numbers are in accord the judges proceed to 
ascertain the number of votes cast for each candidate, 
the clerks keeping tally on sheets provided for the 
purpose. 


Voting 

Machines. 


Opening of 
the boxes. 


^Revised Lazvs, i905» §§ 344-347« 


Canvassing 

boards. 


County 

boards. 


io6 Nominations and Elections 

After the judges of election have finished the count, 
and signed a statement of the results, the ballots are 
placed on a string and returned to the box from which 
they were taken. These boxes are sealed with papers 
on which are written the names of the judges. The 
boxes are deposited with the town or city clerk, and 
are not opened until the next election unless necessary 
to verify the results. The poll lists and one of the 
registers is deposited with the clerk, and the others 
are sent to the office of the county auditor. The law 
requires the judges to deposit the returns, ballot 
boxes, and registers with the city clerk as soon as 
possible, the limit of time being twenty-four hours 
after the election.^ 

The returns for county candidates are sent to the 
county auditor, who, within the next ten days, calls a 
canvassing board consisting of himself, the chairman 
of the board of county commissioners, and two jus¬ 
tices of the peace of opposite political parties residing 
in the county. The business of this board is carefully 
to examine and sum up the returns, and to make a 
sworn statement concerning (i) the whole number 
of votes cast for each candidate on the State ticket, 
(2) the whole number of votes cast for county officers 
and members of the legislature, and (3) to do the 
same in reference to the votes cast for presidential 
electors, representatives in Congress, and constitu¬ 
tional amendments. When the board has declared 
the candidates for county offices receiving the highest 


^Revised Laws, 1905 §§ 312-318. 


Canvassing Boards 107 

number of ballots elected, the county auditor makes 
out a certificate of election for each successful candi¬ 
date. As a final act the board sends certified state¬ 
ments of the results to the secretary of state, who in 
time presents them to the State canvassing board. 

Eighteen of the senatorial districts in the State are 
composed of two or more counties, which necessitates 
a third canvassing board known as the senatorial dis¬ 
trict canvassing board.^ The auditor of the senior 
county calls together on the twentieth day after the 
election the chairman of the county commissioners of 
his county and two justices of the peace, with such 
auditors of the counties composing the district as care 
to attend. The board then opens and inspects the 
returns from the several counties, and declares those 
receiving the highest vote elected. The auditor then 
makes out certificates of election to the members of 
the legislature from that district. 

From all parts of the State the county auditors 
send the returns for the State officers to the secretary 
of state. This officer calls to his aid two or more 
judges of the supreme court, and two disinterested 
judges of the district courts of the State. On the 
third Tuesday in December, after the election, these 
officials meet in the office of the secretary of state 
and go over the returns, and make a sworn statement 
concerning the votes received by candidates for State 
offices, members of Congress, and presidential electors. 
The persons receiving the largest number of votes for 
these different positions are given certificates of elec¬ 
tion signed by the governor and the secretary of state. 

^Revised Laws, 190S. §§ 3 ^ 9 > 323-326. 


Senatorial 

district 

board. 


The State 
board. 


io8 


Nominations and Elections 


This act on the part of the State canvassing board 
completes the machinery of election. On the first 
day of January, with a few exceptions, the officers- 
elect take their positions and begin their service for 
the State. 


CHAPTER VII 


THE ADMINISTRATION OF JUSTICE 
42. References 

Wilson, The State (revised ed.), §§ 1147-1172; Bryce, The 
American Commonwealth- I. ch. xlii. ; Revised Laws of Minne¬ 
sota, 1905; Dunnell, Minnesota Trial Book, ch. ii. ; Legislative 
Manual, 1907; Booth, Township Manual, ch. iv., section on 
Judiciary. 


43. The Judicial Power 

Two of the most important of the functions of the 
State are the maintenance of order and the adminis¬ 
tration of justice. The first is largely an executive Functions 
duty, but in performing it the governor and other of the courts, 
executive officers must frequently rely upon the as¬ 
sistance of judicial tribunals. The second is purely 
a judicial function, and is vested in the courts. No 
other function that any government undertakes sur¬ 
passes it in importance. Under it the State punishes 
crimes which, because of the fact that they menace 
the life and property of all the people of the com¬ 
munity, are regarded as offences against the State 
rather than as offences against the person injured. 

Through the courts also private individuals seek to 
protect their rights and to secure the redress of wrongs 
committed against them. Certain of the courts assume 
the protection of the persons and property of the 
109 


110 


The Administration of Justice 


Civil and 
criminal 
actions. 


Judicial 

system. 


insane, minors, and others who are thought to be 
incapable of defending themselves. 

In these courts two kinds of actions may be 
brought, called civil actions and criminal actions.^ 
The first or civil action may be instituted by the 
State in its capacity as an owner or contracting party, 
or by a subject or citizen, for the purpose of maintain¬ 
ing a right, collecting a debt, or for damages for an 
injury or wrong to person. A criminal action is 
brought when the State attempts to prove the guilt 
of a person for an act or omission forbidden by law. 
Such acts or omissions are called crimes, and are 
defined by statute. 

The judicial system of Minnesota is largely a crea¬ 
tion of the legislature. The constitution says, “ The 
judicial power of the State shall be vested in a supreme 
court, district courts, courts of probate, justices of the 
peace, and such other courts, inferior to the supreme 
court, as the legislature may from time to time estab¬ 
lish by a two-thirds vote.”^ These courts may be 
grouped for convenience in treatment under three 
heads, local courts, district courts, and the supreme 
court. 


44. The Local and District Courts 

There are three local courts: the justice of the 
peace courts, town or city courts, and the probate 
courts. The law provides that each township may 
elect two justices of the peace and two constables 

^ Being what is called a code State the distinction between “ actions 
at law ” and “ suits in equity ” is abolished, such cases coming under 
civil actions. 

2 Constitution of Minnesota, Art. VI., Sec. I. 


The Local and District Courts 


III 


every two years. In cities of two thousand or less jus¬ 
tices are elected for the same period.^ Thij office is, 
therefore, primarily a local one. The justice’s court Justice’s 
machinery consists of a constable and a jury. When ^°“*^** 
it is necessary to secure a jury the justice directs the 
constable, or possibly the sheriff, to make a list of 
twenty-four persons, residing in the county and quali¬ 
fied to vote, to serve as jurors. From this list each 
party to the cause may strike six names. In case 
of agreement between the defendant and plaintiff, 
the jury may be reduced to six persons. 

The jurisdiction of a justice of the peace is original; 
that is, all cases which a justice hears begin in his 
court. None can be appealed to it, for it is the lowest 
court in the system. The justice has power within Jurisdiction, 
the limits of the county to order the arrest of persons 
breaking the peace, or who are charged with any 
criminal offence. He may commit to jail, require 
security to keep the peace, or bail for appearance 
at a higher court, but he does not have any final 
jurisdiction when the punishment for the offence 
exceeds three months’ imprisonment or a fine of 
;^ioo. In civil cases the jurisdiction of this court 
extends to actions on contracts for the recovery of 
money, to suits for damages for injury to person or 
property, and to actions on bonds, provided the sum 
involved in such cases does not exceed ;^ioo. In 
cases relating to a title to real estate, false impris¬ 
onment, libel, slander, seduction, breach of promise 
to marry, divorce, or actions against an executor or 
administrator, the justice has no jurisdiction.^ 

'Revised Laws, 1905, § I3i* 

* Ibid., Chapter 75. 


City justices. 


Municipal 

courts. 


Jurisdiction 
of the munic¬ 
ipal court. 


112 The Adniinisb'ation of Justice 

The justices of the peace elected within the bounda¬ 
ries of a municipal corporation are called city justices. 
They possess a somewhat larger power and jurisdic¬ 
tion than the county justice. In addition to the 
jurisdiction described above the city justice has the 
right to hear and try all violations of the charter 
provisions, ordinances or by-laws passed by councils, 
and cases of larceny where the amount stolen does 
not exceed %2^. In fact all offences not indictable, 
such as assaults, batteries, affrays, drunkenness, dis¬ 
order, and breaches of the peace, so long as the 
punishment does not exceed ;^ioo fine or three 
months’ imprisonment, may come before a justice 
of the peace for trial.^ 

But there are, despite the enlarged powers of the 
city justice, a great many cases, civil and criminal, 
that are not within his jurisdiction. This is particu¬ 
larly true in the larger cities. In order to relieve the 
district court from such matters, another local court 
has been created called the municipal court. Any 
city of two thousand may establish a court. The 
municipal court has a judge, a clerk, and a seal. It 
has power to hear, try, and determine civil actions 
at law where the amount in controversy does not 
exceed ;^500. It also has jurisdiction to hear crimi¬ 
nal complaints and conduct examinations and trials 
in criminal cases arising within such cities where 
the jurisdiction is co-extensive with the county and 
equivalent to that of a justice of the peace. The 
powers of the court do not extend to actions in¬ 
volving the title to real estate, divorces, libel, breach 
of promise, civil actions against the city, or any 

^Justices are not found where there is a municipal court. 


The Local and District Courts 113 

action involving over $500 against an administrator 
or executory 

The judge of this court is elected for a period of 
four years and receives a salary varying with the 
size of the city.^ It may be said any city of over two 
thousand inhabitants may establish a municipal court 
by a four-fifths vote of the couned. The judge is to 
hear and dispose of cases brought before him by the 
police officers or marshals of the city. The clerk of 
the court keeps the records, swears the witnesses and 
jurors, and administers oaths. 

The third local court is the probate court, estab¬ 
lished in order to relieve the district court of the 
business of administering estates, wills, guardian¬ 
ships over children, and the examination of insane 
persons. In the case of a will, the probate court 
(i) orders the payment of the debts of the deceased, 
and (2) divides the remaining property among those 
who are entitled to it. If a will, in legal form, has 
been left, the division of the property follows the 
desire of the former possessor as expressed in the 
will; but if no will is left, the judge proceeds in 
accordance with the law. The steps in the probating 
of a will are as follows: petition for probate; notice, 
by publication in the newspapers, to those interested; 
proof of the validity of the will; admission to pro¬ 
bate; appointment of an administrator, or, in case the 
executor is named in the will, confirmation of the 
nomination; settlement and order for payment of 
debts; division of the property. When there is no 
will, the proceedings are much the same. Some one 
interested in the estate petitions for the appointment 


Officers of 
the court. 


The probate 
court. 


Procedure 
in probating 
a will. 


^Revised Laws, 1905, §§ 128-131. 


^ Ibid., §§ 125, 127. 


The Administration of Justice 


Jurisdiction. 


Writs and 
processes. 


II4 

of an administrator; after notice to all concerned 
the court makes such an appointment; the pro¬ 
ceedings are then the same as in the case of a 
will; the division of the property, however, is in 
accordance with the law of the descent of property. 
The other duties of the probate court are just as 
important. The commitment of insane persons to 
an asylum and the appointment of guardians for 
minors are difficult tasks. This court is, indeed, 
one of mercy in its dealings with orphans, widows, 
and the weak. 

The district courts have two kinds of jurisdiction, 
original and appellate. They have original jurisdic¬ 
tion in all civil actions within their respective dis¬ 
tricts when the sum in controversy exceeds j^^ioo, 
in those cases where a justice of the peace has no 
jurisdiction, and in the case of crimes and misde¬ 
meanors, where the fines and punishment exceed 
;^ICX) and three months’ imprisonment. The appel¬ 
late jurisdiction of the courts extends to civil and 
criminal cases appealed from the courts of probate 
and justices of the peace. Appeals may also be made 
to these courts from the orders of the railroad and 
warehouse commission, board of health, the factory 
inspectors, the decisions of county boards on allow¬ 
ances, city condemnation of lands, and county 
commissioners.^ 

In term time the courts, and in vacation the judges 
of the district court, may issue writs of injunction, 
mandamus, ne exeat, certiorari, habeas corpus, and 
such other writs and processes as may be neces- 


^ Revised Laws, 1905, index title, “Appeal to, etc.’ 


The Supreme Court 115 

sary.^ These writs can be served in any part of 
the State, but are returnable to the proper county. 

45. The Supreme Court 

The jurisdiction of this court is largely appellate; 
appeals are taken to the highest court from the dis¬ 
trict courts, where its decisions are reviewed by the 
supreme court. The decisions are rendered in writ¬ 
ing, and stand as the law of the case and of the State 
quite as effectively as a legislative act. In fact a 
legislative act may be declared void by the supreme 
court if found to be in conflict with the constitution. 
It must be remembered that the highest court of the 
State does not hear jury trials, but passes only upon 
questions of law except in cases when “writs” have 
been issued by the court. The supreme court has 
power, in addition to the trial of appealed cases, to 
issue writs of error, certiorari, mandamus, prohibition, 
quo warranto, and other writs which are issued in fur¬ 
therance of justice and the administration of law. 

The chapter on “ Central Government ” under the 
section “Judiciary ” describes the number of courts, the 
tenure of office of the judges, and their relation to 
each other. The first part of this chapter has been 
devoted to the jurisdiction of the different judicial 
bodies, but we still know but little of the real work- 

1 Mandamus — a command issued by a superior requiring a lower 
court, corporation, or official person to do some specific duty. 

Ne exeat — a command to a sheriff or constable to hold a person at 
the order of the court. 

Certiorari — a writ from a superior to an inferior court directing 
that a certified record of a certain case be sent up for review by the 
superior court. 


Writs. 


Procedure. 


The Admmistration of Justice 


The case. 


Answer. 


116 

ings of the courts. Of this, however, we may learn 
by an examination of the procedure followed in the 
trial of civil and criminal cases. 

46. Civil Procedure 

Undoubtedly the best way to review the method 
of procedure is to begin with the introduction of a 
case in the district court. If we suppose that a man 
has been damaged by the loss of a horse on account 
of a neighbor’s negligence, we have the basis of a civil 
case. Having decided to carry the matter into the 
courts, he seeks a lawyer in the county seat and asks 
his advice. After the various points have been talked 
over the lawyer prepares what is called a “ complaint.” 
This document contains three points, first, the title of 
the cause, the court, county, and the names of the 
parties, — the plaintiff who brings the suit, and the 
defendant against whom it is brought; second, a 
plain and concise statement of the facts constituting 
the cause of action; and third, a demand for the 
relief to which the plaintiff believes himself entitled.^ 
The attorney files the complaint with the county clerk, 
and notifies the defendant that an action has been 
brought against him. 

The second step in our case is the answer of the 
defendant to the complaint filed by the plaintiff, 
which is done within the twenty days allowed by the 
law after service. Sometimes the defendant’s answer 
contains new matter, and if it does the plaintiff is 
granted the same time in which to file a reply. The 


‘For civil trial, see Revised Laws, 1905, §§ 4052-4379. 


Civil ProcediiJ'e 


117 

general term “ pleadings ” is used to describe the 
papers filed in the cased 

“ Issues ” arise upon the pleadings, when a fact or 
conclusion of law is maintained by one party and 
controverted or denied by the otherd The trial of issues, 
the issue constitutes the third step in the proceedings. 

The first of these issues arises upon a question of law 
in relation to the documents or pleadings of the de¬ 
fendant and plaintiff; the second upon the state¬ 
ment of facts made by the plaintiff, or defendant. 

When an issue is joined a trial is the result. A trial 
is the judicial examination of the issues or dispute 
between parties. Issues of law are tried by the court, 
issues of fact by the jury.^ Sometimes in the latter 
case trial by jury is waived, and the matter referred 
to a referee. In our case, however, the issue is one of 
fact; both parties insist upon a jury trial. 

At any time after issue, but at least eight days before 
the term, either party may give notice of trial. The 
law provides that the party giving notice must furnish 
the clerk of the court with a “note of issue” contain¬ 
ing the names of the parties, and their attorneys, and 
when the last pleading was served. When this has The trial, 
been done, the clerk enters the cause upon the court 
calendar or list of cases for trial according to the date 
of the issue. The court disposes of the various cases 
in this order: (i) issues of fact, to be tried by a jury; 

(2) issues of law, to be tried by the court. Let us say 
that the day of the trial has come, the judge, attorneys, 
and parties to the case are present, but a jury must 
be secured before the trial can proceed. This is the 


^Revised Laws, 1905, §§ 4126-4161. 
4162. •Ibid., 4164. 


Petit jury. 


Selection of 
jurors. 


ii8 The Administration of Justice 

next step. The petit or trial jury consists of twelve 
men impanelled and sworn in a district court to try 
and determine questions of issue, or fact, in any civil 
or criminal proceeding. The names of electors quali¬ 
fied to act as jurors are compiled by the board of 
county commissioners.^ These officers make up two 
lists of seventy-two names each, one for each jury. 
When the lists are completed they are turned over to 
the clerk of the district court, and from them the 
juries are selected in the presence of witnesses. 

On the second day of the term of court the judge 
orders the clerk to draw from the jury box not less 
than twenty-four names and not more than thirty-six 
for a petit jury. After this has been done the clerk 
notifies the jurors of their selection, and, unless legally 
excused, they are compelled to serve. The court 
also orders the clerk to draw as many extra names 
as will be necessary to make juries sufficient to serve 
two weeks each during the term. In counties of more 
than 100,000 population the judges of the district 
court in December select from qualified electors 125 
persons qualified to serve as grand jurors, and 2,000 
persons qualified to serve as petit jurors. From this 
number juries may be drawn as needed for the work 
of the court.^ 

The names selected by the clerk are put in the 
jury box, and on the day of the trial the clerk draws 
names until the panel, or jury of twelve men, is com¬ 
pleted. There is still the possibility that both sides 
may challenge the jury or object, as allowed by the 
law, to certain persons drawn as jurors.^ As soon 
as the jury is chosen, (i) the plaintiff’s attorney opens 

’Chapters 2 and 35, Laws, 1907. 

* Methods of challenge, Dunnell, Minnesota Trial Book, ch. ii, 


Civil Procedure 


119 

the trial by stating the issue and presenting the evi- Procedure of 
dence; (2) the defendant through his attorney pre- the trial, 
sents his defence substantiated by such evidence as 
he can produce; (3) both sides then offer rebutting 
evidence; (4) which is followed by the arguments of 
the plaintiff’s and the defendant’s attorneys; (5) the 
court charges the jury, explaining the powers of 
juries and the law applying to the case; (6) after 
due deliberation the jury returns its verdict in writing 
to the court, where it is filed. 

The verdict of the jury may be unsatisfactory to one 
of the parties; in such case he can ask for a new trial. New trial, 
which the court may grant or deny. The new trial will 
be granted providing the aggrieved party can show 
reasons, such as irregularity, misconduct, verdict con¬ 
trary to law or the evidence, new evidence, or error 
of law. If either party is not satisfied with the 
ruling in reference to the new trial, he may appeal 
to the supreme court. The party appealing the 
case is known as the “appellant,” and the second Appeal, 
party as the “respondent.” The appeal is made by 
the service of notice on the latter and on the clerk of 
the district court with whom the judgment or verdict 
has been filed. When this has been done the clerk 
transmits to the supreme court a copy of the judg¬ 
ment, evidence, and the papers upon which the verdict 
and judgment were made, which are then printed.^ 

The time for the filing of the papers on appeal is 
limited to six months after the entry of judgment. 

The clerk of the supreme court prepares the calen¬ 
dar, and before the opening of the term the attorneys 
must file with him their printed briefs. On the day 

^Revised Laws, 1905, chapter 80. 


Decisions. 


Crime 

defined. 


120 The Admmistration of Justice 

set for the hearing the attorneys argue the case before 
the judges of the supreme court. These judges have 
the power to reverse, affirm, or modify the judgment 
of the lower court, and may, if considered necessary, 
order a new trial in the district court. The decision 
of the supreme court is always presented in writing, 
and when once submitted cannot be changed by 
appeal to a higher tribunal, except in cases involving 
questions in the jurisdiction of the Federal Govern¬ 
ment, which may be taken to the Supreme Court of 
the United States. The mandate of the supreme 
court, after the decision has been reached, is sent 
to the clerk of the district court from which the case 
was appealed, who notifies the party against whom 
the judgment has been rendered. If necessary he 
may issue an execution, which is served by the sheriff 
and stands against the property of the defendant 
until the judgment is paid; but if a new trial is 
ordered the whole case is heard a second time. 

47. Criminal Procedure 

Criminal procedure differs considerably from the 
trial of a civil case. A crime is an offence against the 
law and dignity of the State, and is defined as an act 
or omission forbidden by law. It is punishable by 
death, imprisonment, or other penal discipline.^ 

When a person is charged with the commission of 
a crime and is arrested therefor, he must be informed 
at once of the cause of his arrest. The arrest may 
be made by a peace officer with or without a 
warrant, or by a private person. Let us begin 

1 For the penal code, see Revised Lazva, tqo?. ch. 33. 


Criminal Procedure 


I 2 I 


with the arrest by warrant, as this is the usual way. 

The complainant appears before a magistrate, and if 
upon examination it is shown that a crime has been Arrest, 
committed, the court issues a warrant (which is a 
paper directing the taking of the person) for the 
arrest of the accused person. When the officer to 
whom the warrant is addressed takes the prisoner 
into custody, the magistrate may admit the prisoner 
to bail, under which he agrees to appear for examina¬ 
tion. If the offence is punishable with death or im¬ 
prisonment in the State prison for seven years or 
over, the justice of the peace cannot admit him to bail.^ 

It is at the point of examination that several im- Examination, 
portant questions arise. As soon as possible the 
person arrested is examined by the magistrate, 
witnesses are questioned under oath, and if it appears 
to the magistrate that no offence has been committed 
he discharges the prisoner; but if it appears that an 
offence has been committed, and there is probable 
cause to believe the prisoner guilty, the prisoner is 
committed to jail to await trial. As has already been 
shown, the prisoner may be admitted to bail; in such 
case he agrees to appear before the superior court 
on the day appointed by the magistrate. Meantime 
the latter sends to the district court a certified copy of 
the examination and the endorsement “ Admitted to 
bail.” 

Sometimes a magistrate delays the examination 
of a prisoner or makes an illegal commitment. When Habeas 
this is done the prisoner may demand a writ of corpus. 

“ habeas corpus.” There are few exceptions to this 
right. The demand may be made by the prisoner or 

^Revised Laws, i905> § 5246. 


122 


The Administration of Justice 


Presentment 
and indict¬ 
ment. 


The grand 
jury. 


some person in his behalf to the supreme court or 
district court. This petition for release must state 
the reasons for the demand.^ The writ, if issued, is 
addressed to the officer having the prisoner in charge, 
ordering him to bring the person arrested before the 
judge issuing the writ. Then follows an examination 
similar to the one described in the previous para¬ 
graph, and if innocent of the offence the prisoner is 
discharged; otherwise he is either committed for trial 
or admitted to bail. When the latter appears for 
trial the court may order him to be committed to the 
custody of the sheriff, to abide the further order of 
the court.” 

The State constitution provides that “No person 
shall be held to answer for a criminal offence unless 
on the presentment or indictment of a grand jury, 
except in cases of impeachment, or in cases cogniza¬ 
ble by a justice of the peace, or those arising in the 
army and navy.” ^ Further progress in the prosecu¬ 
tion of the case is delayed until a grand jury makes 
a presentment or indictment against the accused. 
So we are confronted by the query. What is a grand 
jury } 

“A grand jury is a body of men, not less than 
sixteen nor more than twenty-three in number, re¬ 
turned at stated periods from the citizens of the 
county, before a court of competent jurisdiction, 
chosen by lot, and sworn to inquire of public offences 
committed or triable in the county.® The members 
of a grand jury are chosen from the list sent to the 

* Revised Laws, 1905, § 5238. 

* Constitution of Minnesota, Art. I., Sec. 7. 

^Revised Laivs, 1905, § 5261. 


Criminal Procedure 


123 


clerk of the court by the county commissioners. 
Fifteen days before the opening of the term the 
clerk draws from a box, in the presence of the sheriff 
and a judge or justice of the peace, the names of 
twenty-three persons to serve on the grand jury. 
A prisoner held on a charge may challenge any indi¬ 
vidual juror for cause, which he must show. When 
the jury has been impanelled the court appoints one 
of the jurors foreman. After being sworn the jury 
retires to a room, elects a clerk, and begins the 
inquiry. It is declared by law that the grand jury 
must inquire: (i) into the condition of persons im¬ 
prisoned and not indicted; (2) into the management 
of public prisons; (3) and the conduct of public 
officers in the county. This body of men deliberates 
in secret upon the offences committed within the 
county. If the jury is convinced that there is 
sufficient evidence to justify the trial of the accused 
person, it returns a presentment or indictment. A 
presejitntent is a formal accusation made by a grand 
jury from its own knowledge or from evidence which 
is before it. An mdictnient is an accusation drawn 
up by the public prosecutor and submitted to the 
grand jury. The evidence upon which the accusa¬ 
tion is based is then examined, and if it appears 
insufficient to justify a trial, the indictment is en¬ 
dorsed “ Not a true bill ” or “ Not found,” and the 
prisoner is released. But if the evidence points to 
the probable guilt of the accused, the indictment is 
endorsed “ A true bill,” and the accused is held for 
trial. A majority of the jury must concur in pre¬ 
sentments and indictments. It should be remem¬ 
bered that presentment or indictment by a grand 


Indictments 
and present¬ 
ments. 


124 


The Administration of Jnstice 


The trial of 
the accused. 


The verdict. 


jury does not convict of crime. It merely says that 
sufficient evidence has been brought against the ac¬ 
cused to justify further investigation by a regular 
judicial process before a court. 

The clerk of the court prepares the criminal calen¬ 
dar which includes the names of the persons indicted, 
accompanied by the statement whether they are in 
custody or on bail. The trial now proceeds. The 
defendant may move to have the indictment set aside. 
The arguments for and against this motion are then 
heard ; if the court decides the indictment may be set 
aside the prisoner is free, otherwise the trial goes on. 
As in the case of a civil action the defendant charged 
with a crime may enter a demurrer.^ This is the sec¬ 
ond step. The defendant must show cause for the 
granting of the demurrer. The “motion to set 
aside” and the “demurrer” having been refused, the 
prisoner may plead guilty or not guilty to the indict¬ 
ment. If he pleads not guilty, an issue of fact arises 
which must be tried before a petit jury chosen in the 
same way as in a civil action. At every step the 
defendant may call in witnesses to meet the evidence 
of the prosecution. 

Sometimes a jury disagrees, in which case the court 
discharges the jury, and a re-trial is ordered; the 
whole matter is gone over a second time. When a 
verdict is reached the clerk records it on the minutes 
of the court, and the judge, if it is a verdict of guilty, 
then pronounces sentence. The prisoner, however, 
may appeal the case to the supreme court, which has 
power to affirm, reverse, or modify the sentence, or 

1 A demurrer is an objection to the indictment on the ground that 
the facts do not constitute a sufficient basis for a legal action. 


Criminal Procedure 125 

order a new trial. The proceedings in the higher 
court in criminal actions are similar to those in civil 
cases already described in the previous section, with 
the exception that the State has no right to appeal if 
the verdict is in favor of the accused person. 

It is possible for the parties to a criminal action to 
secure a “change of venue,” that is, a transfer of the 
case to another district court or county for trial. This 
is permitted when there is proof that a fair and impar¬ 
tial trial cannot be had in the county where the case 
is pending. The court does not order a change of 
venue unless thoroughly persuaded that an impartial 
trial is impossible; when the judge is so convinced 
the case may be transferred to some other county 
within the State. 

It will be observed in tracing the various steps 
in criminal procedure that the prisoner has many 
chances to prove his innocence. In fact, the State is 
bound to prove his guilt. At no time in the progress 
of the trial does the court take it for granted that the 
accused is guilty, but at all times, until a verdict of 
guilty is rendered, the law presumes the accused to 
be innocent. Beginning with his arrest the prisoner 
has an opportunity at his examination to prove his 
innocence. If he fails in this, or the examination is 
delayed, he may apply for a writ of “habeas corpus.” 
Then comes the indictment by the grand jury, which 
the defendant, through his attorneys, may move to 
set aside. An argument and decision must be made 
on this point before the case can go farther. Again, 
the accused may demur to the indictment; then, if 
the indictment has held good, he has an opportunity 
to plead guilty or not guilty. From this point in the 


Change of 
venue. 


The safe¬ 
guards of 
justice. 


126 


The Administration of Justice 


The great¬ 
ness of the 
law. 


trial proceedings, the defendant is allowed to chal¬ 
lenge the jury, and to present arguments and evi¬ 
dence. Even after the verdict is announced, there is 
still the possibility of a new trial, and the certainty of 
an appeal to the supreme court. 

Both in civil and criminal procedure every safe¬ 
guard is placed about the rights of the parties. Par¬ 
ticularly is this true in the trial of persons accused of 
crime. We often hear disparaging remarks concern¬ 
ing the law, but a knowledge of it impresses one with 
its greatness, importance, fairness, and wisdom. The 
Anglo-Saxon civil and criminal procedure is the re¬ 
sult of centuries of development and years of warfare 
and struggle. It is the bulwark of our liberties, and 
is deserving of our highest respect, even though jus¬ 
tice at times may seem to miscarry or result in the 
acquittal of some person whom the community believes 
to be guilty. 


CHAPTER VIII 


REVENUE AND EXPENDITURE 

48. References 

Bryce, The American Commonwealth, I. ch. xlviii.; Adams, 

The Science of Finance; Plehn, Introduction to Finance; Daniels, 

Public Finance; Revised Laws, 1905, ch. II.; Legislative Manual, 

1905; Report of the Auditor of State, 1904. 

49. Receipts and Expenses 

The expense of the Minnesota State government 
has averaged in the years since 1900 $7,580,000 per 
annum, while the local and county governments have Expenses, 
cost the people nearly $17,000,000. The disburse¬ 
ments of the central government for the payment of 
expenses consisted of twenty-five items, among which 
are the expenses of legislative, executive, and judicial 
departments, State institutions, public schools, boun¬ 
ties, grain inspection, national guard and Spanish war, 
drainage commission, and interest on the State debt.^ 

The items of local expense vary with the community, 
but include salaries, the expenses of roads, lighting, 
public buildings, policing, fire protection, and many 
other items. 

The revenue of the State comes from the regular 
State tax, railroad, insurance, telegraph and telephone 


^Legislative Manual, 1900, pp. 547 * 55 o* 
127 


128 


Revenue and Expenditure 


Sources of 
revenue. 


Taxes. 


taxes, incorporation fees, interest on deposits, earn¬ 
ings of State institutions, sale and lease of public 
lands, royalties on mining ore, and departmental 
earnings.^ The resources of the local governments 
are almost entirely limited to the taxation of real and 
personal property, fines, and licenses, and in some 
cases receipts from water rates where the community 
owns the water plant. The legislature has thus 
clearly stated the sources of taxation : — 

“ All real and personal property in this State, all 
personal property of persons residing therein, includ¬ 
ing the property of corporations, banks, banking com¬ 
panies, and bankers, is taxable, except such as are 
exempt by law from taxation.”^ Exemption of taxa¬ 
tion is made in the instance of schools, churches, 
public buildings, religious organizations, agricultural 
and fraternal organizations and one hundred dollars 
of personal property belonging to individuals. The 
gross earnings of quasi public corporations are subject 
to a fixed rate of taxation, 

50. The Kinds of Taxes 

The revenues of the State are raised, so far as 
taxes are concerned, by the levy upon personal and 
real property, and the gross earnings tax on the 
incomes of railroads, express, insurance, sleeping-car, 
and telegraph companies. The local governments 

1 The instructor will do well to read carefully some of the general 
works on finance, so that a clear statement of the methods of levying 
and collecting taxes may be made to the students, 

^Revised Laws, 1905, § 794. 


The Assessment of Property 


129 


rely upon the taxation of the personal and real prop¬ 
erty within their jurisdiction for their support. The 
first kind of property consists of personal belongings, 
which include all kinds of money, goods, chattels, 
effects, evidences of rights in action, and all written 
instruments bringing to the owner an increase of 
income or evidencing an ownership of rights or inter¬ 
ests in other property.^ The second is land and 
houses, and is defined by the law as “ every estate, 
interest, and right in land, tenements, and heredita¬ 
ments.”^ The “gross earnings tax” was established 
in 1873 and modified in 1897 1903*^ Under 

this law the various companies enumerated above are 
compelled to pay into the State treasury four per 
cent of their gross incomes, but the payment of this 
tax relieves the companies from all other taxes.^ 

In some cases another tax is sometimes laid. It is 
lawful for the common council of a city or town to 
levy a local tax, known as a poll tax. The amount 
of the tax is limited to $2 in any one year, and is laid 
upon voters only.® 

51. The Assessment of Property 

Some basis is- necessary for taxation, and this, in 
the case of personal and real property, is the wealth 
held in such forms. To ascertain the amount of 

^Revised Laws, 1905, § 797* ^ Ibid., § 796. 

^General Laws, 1873, ch. iii, § i; 1897, chs. iS9» 160, 309, 
314; 1903, ch. 253. 

* An inheritance tax is authorized by the constitution, but the 
law passed was declared unconstitutional by the supreme court, 
February 15, 1900. A new act was passed, 1905, General Laws, 
ch. 288. 

^Revised Laws, 1905, § 732. 


Poll tax. 


Assessors. 


Exempted 

property. 


Review of 
Assessments. 


130 Revenue and Expenditure 

property owned by citizens is the first step; for 
this purpose officers called assessors are elected in 
townships, and appointed in villages, towns, and cities 
by the common councils. In the townships, the ser¬ 
vice is for one year and the compensation $2 per day. 
In the towns, villages, and cities, the service is for 
two years and the compensation fixed by the councils. 
During May and June the assessors, having received 
the books and blanks from the county auditors, pass 
upon the property in their districts. In odd-num¬ 
bered years, both personal and real property are 
assessed; in even years only the personal property is 
listed. 

The law exempts certain forms of property from 
taxation. All public property, such as public build¬ 
ings, churches, universities, charitable institutions, 
fire engines, market houses, town halls, and public 
libraries, are free of taxes. The personal property 
of each individual liable to assessment is exempt 
to an amount not exceeding ;^ioo. The assessor 
makes a note of these deductions, and the auditor, in 
filling out the tax lists, deducts the exemptions from 
the total assessments and levies the tax upon the re¬ 
mainder. After the examination of the property lists 
by the boards of review the assessors’ books are 
returned to the auditor. 

Complaint of some kind is sure to arise when prop¬ 
erty is assessed; the property holders, in the case 
of a grievance, may appeal to the boards of review. 
There are three classes of such boards, town or city 
boards, county boards, and State boards of equali¬ 
zation. On the fourth Monday in June, after having 
given ten days’ notice, the town board meets at the 


The Assessment of Property 131 

office of the town clerk or recorder. This board con¬ 
sists of the supervisors, assessor, recorder, and presi¬ 
dent of each incorporated village, and the assessor, 
recorder, and mayor of each city.i At that time a 
review is made of the property list and assessments, 
and if in the opinion of the board any assessment is 
wrong or does not appear at all on the books of the 
assessor, the board makes the assessment or changes 
the valuation as it sees fit. During its sessions per¬ 
sons who consider themselves aggrieved may have 
their assessments reviewed. 

When the work of the town board is finished, the 
assessor makes a tabular statement of the property 
assessed, together with the changes noted by the 
board of review, and turns the lists over to the county 
auditor, accompanied by an affidavit certifying to 
their correctness. All of this is accomplished by the 
first Monday of July. The auditor then examines 
the work of the assessor and the board of review, 
and if any errors or omissions are found notifies the 
assessor to make the proper assessment; if the 
latter refuses to do this, the auditor makes the cor¬ 
rections. 

The unequal assessment of property in the differ¬ 
ent parts of the State, due to the assessors and differ¬ 
ent economic conditions, has brought into existence 
two other boards known as the county and State 
boards of equalization. The first meets on the third 
Monday of July, and endeavors to equalize the prop¬ 
erty valuations of the various towns and cities inside 

^ Some city charters provide for boards of equalization; in such 
case the membership differs from those described above. Re¬ 
vised Laws, 1905, §§ 847-8. 


The town 
board. 


Boards of 
equalization. 


132 


Revenue and Expenditure 


the county; its membership consists of the county 
commissioners and the auditor.^ When the work of 
the board is finished the auditor sends a record of the 
proceedings to the auditor of the State. The second 
board, consisting of the governor, the State auditor, 
attorney-general, and one qualified elector from each 
judicial district, attempts to do the same for the 
counties of the State that the county board does for 
the towns, villages, and cities in the county.^ In 
Duties of the reference to their duties the law says, “The board 
State board, meet annually, on the second Tuesday in Septem¬ 
ber, at the office of the auditor of State, and, each 
member having taken the oath prescribed by law, 
they shall examine and compare the returns of the 
assessments of the property in the several counties 
of the State, and proceed to equalize the same, so 
that all the taxable property in the State shall be 
assessed at its true and full value.”® The secretary 
of the board, in other words, the auditor, sends to the 
county auditors an abstract of the State board’s pro¬ 
ceedings, specifying the per centum added to or 
deducted from the valuation of the property in the 
towns, villages, cities, and counties of the State. 
Under the provision of the act creating the Tax Com¬ 
mission the Board of Equalization goes out of exist¬ 
ence after 1909. 

A very important step is still to be taken. It is 
now necessary to determine the rate of taxation. 
This brings us to the question of tax levy. 

52. The Levying and Collection of Taxes 

The State tax is levied by the legislature, the 
county tax by the county commissioners, the vil¬ 
lage or city tax by the common council, and the town 

^Revised Laws, 1905, § 859. * See Appendix L. 

^Revised Laws, 1905, § 863. 


The Levying and Collection of Taxes 133 

tax by the town meeting. The taxes voted by towns, 
cities and villages must be certified to the county 
auditors before the tenth day of October in each 
year. The total of these estimates of funds neces¬ 
sary for the different governmental organizations of 
the State is the amount to be raised by taxation. 
Knowing the value of assessed property and the 
various amounts desired by the State, county, city, 
and township, the auditor is able to ascertain the 
total tax rate; but the officers of the local government 
are prevented by legislative act from levying too high 
taxes upon the property of the people. 

The general act of 1895, providing for the govern¬ 
ment of cities, institutes a somewhat more elaborate 
machinery for the levy of taxes and the determina¬ 
tion of the rate.^ Under this law two committees 
have to do with the tax levy. The conference com¬ 
mittee, consisting of the president of the council, the 
head of each board and of each department of the 
city government, meets in September of each year 
and forms an estimate of the necessities of each 
department, and presents to the board of tax levy 
a report of the estimated expenses for the ensuing 
year. The second committee, called the tax levy 
board, is made up of the mayor, the president of the 
council, and the comptroller. This board fixes a 
maximum rate of taxation; the reports of both com¬ 
mittees are sent to the council, but this body (how¬ 
ever it may alter the estimates), cannot change 
the maximum rate established by the board. When 
the rates are determined by the local governments, 
the county auditors make out the lists, and by 
January i deliver them to the county treasurers for 
collection. 


Estimate of 
taxes. 


City boards 
of confer¬ 
ence and 
tax levy. 


^General Laws, 1895, ch. 8, §§ 104, 105. 


134 


Revenue and Expenditure 


The collec¬ 
tion of taxes 


Personal 

property 

taxes. 


Real prop¬ 
erty taxes. 


The statutes designate the county treasurer as 
the receiver and collector of all taxes.^ On receiv¬ 
ing the tax lists from the county auditor the treas¬ 
urer notifies the community of the rate and the 
amount due, either through the columns of a news¬ 
paper or by special notices mailed to each taxpayer 
in the county. All taxes are due on January i. The 
county treasurers do not collect the gross earnings 
tax; their duty is limited to the real and personal 
property tax. The personalty tax is payable, with¬ 
out penalty, until the first day of March, when a 
penalty of ten per cent is added. On the first day 
of April the treasurer is authorized to make a list 
of the delinquent personal taxes, and send the same, 
certified, to the clerk of the district court This 
officer then issues warrants to the sheriff of the county 
giving him power to seize the property, and if the 
taxes are not paid within ten days to sell it at auction. 
If the owner redeems the property before it is sold 
he must pay the taxes, penalty, and costs before it 
is returned to him. 

The real estate taxes may be paid in two equal 
instalments. The payment of the first half may be 
delayed until May 31, but on June i a penalty of ten 
per cent, of the whole tax, if this first half is not paid 
at that time, is added. The second half is due Octo¬ 
ber 31. If it is not paid by November i, an addi¬ 
tional ten per cent, increases the taxpayer’s burden. 
The whole tax becomes delinquent on January i 
following, when a third penalty is added, this time 
of five per cent. If the tax and penalties remain un¬ 
paid until the ist of May, the property is then sold. 
After the sale the amount of the judgment draws 
interest at the rate of one per cent, a month. The 
owner of the property is allowed three years in which 
to redeem his property, but in case he does this he 
^ Revised Laws, 1905, § 879. 


The Levying and Collection of Taxes 135 


must pay the judgment and the interest at the rate 
mentioned above. At the end of the three years 
the auditor of the county publishes for three weeks 
in one of the county papers the statement that the 
redemption period is closing. If the owners ot 
delinquent property do not then appear and pay the 
judgment, the purchasers receive a tax title to the 
land. 

So much for delinquent personal and real estate 
taxes. The treasurer, having collected the taxes, must 
now account to the county auditor for the moneys 
received. On the last days of February, May, and 
October, the treasurer makes with the auditor a full 
settlement of his receipts and collections for all 
purposes. The auditor in turn sends an abstract of 
the finances to the State auditor, and also keeps an 
account of the funds due the State, county, cities, 
townships, and school districts. Upon the request 
of any or all of these bodies he gives to them or 
their representatives an order on the county treas¬ 
urer. The treasurer, after the days of settlement, 
pays over to the local governments the amounts due 
them.^ 

The State, however, has not yet received the taxes 
from the railroad, telephone, telegraph, sleeping-car, 
express, and freight companies. We turn, therefore, 
to the work of the State treasurer, who is authorized 
by a State law to collect percentage taxes on the 
gross earnings of transportation, telegraph, and tele¬ 
phone companies. This tax becomes due on the first 
day of March, and is enforced in case of non-payment 
by severe methods. When the tax is delinquent the 
State treasurer adds a penalty of twenty-five per cent. 
Sometimes a company refuses to make a declaration 
concerning its gross earnings; in such case the treas- 


Settlement 

of 

treasurer’s 

accounts. 


The gross 
earnings 

tax. 


^Revised Laws, i 905 > § 884. 


Tax 

Commis¬ 

sion. 


136 Revenue and Expenditure 

urer fixes the amount according to the information 
he possesses of the business of the road, adding to 
the tax an interest payment of five per cent. The 
railroad reports are due February i. About one-third 
of the State’s income is derived from the gross earn¬ 
ings tax.^ 

53. The Tax Commission 

The legislature of 1907 created a permanent tax 
commission of three persons, holding their positions 
for terms of six years and appointed by the governor. 
The law gives the commission authority over the ad¬ 
ministration of tax matters, to hold conferences with 
the local taxing authorities, to direct proceedings where 
the tax laws have been violated, to secure information, 
investigate the tax laws of other states, and make re¬ 
ports and recommendations upon the taxation of 
property in the State. The commission is closely 
affiliated with the local taxing officers, and the need of 
general supervision, fully recognized throughout the 
State, is now met by the creation of the commission.^ 
After 1909 the commission will carry on the work 
of equalization now done by the State Board of 
Equalization. 

54. The Expenditure of Public Money 

To give a government power to collect money and 
place no restrictions upon the expenditure of it would 
have been unlike the framers of American constitu¬ 
tions. In every State, and Minnesota is no exception 
to the rule, an elaborate system of law has been built 
up to restrain the extravagance of public officers. 
Thus, in the case of the State, the constitution limits 
the public debt for defraying extraordinary expendi- 

* Constitution of Minnesota, Art. IV., Sec. 32. General Laws, 
1873, ch. Ill, § i; 1897, chs. 159, 166, 309, 314, 1899, chs. 185, - 

317; 1903, ch. 253. Tax on railroad gross earnings 4%; sleep¬ 
ing car, 3%; telephone, 3%; express, 6%. 

^General Laws, 1907, ch. 408. 


The Expenditure of Public Money 137 

tures to $250,000 in the aggregate. This, however, is 
a slight precaution, but all money expenditures must 
be made by appropriation bill alone.^ In the expendi¬ 
ture of the State’s money the legislature has provided 
an elaborate system of bookkeeping. Thus all bills 
and obligations against the State are presented to the 
auditor, who issues an order on the treasurer, retain¬ 
ing a copy. The treasurer in turn is required to 
make out a daily statement of the condition of the 
State’s moneys and present it to the auditor, so that 
the accounts of the two officers must be the same. 
The system is seen also in the local governments. The 
county auditors and treasurers, the city comptroll^^rs 
and treasurers, and the town clerks and treasurers 
stand in the same relations to each other. In the 
county the commissioners appropriate the money, in 
the city and village the council, and in the township 
the town meeting. The legislature of the State, as 
the creator of these local bodies, has restricted their 
expenditure of money. 

In the expenditure of the money belonging to the 
county, the commissioners are limited in two ways. 
In the first place the legislature has placed a limit 
upon the amount of the tax levy, so that it is impos¬ 
sible to tax the property holders more than a certain 
amount, and if the officers of a county, village, town¬ 
ship, or city make a contract to increase their obliga¬ 
tions beyond the amount of money produced by their 
maximum tax rate, such debts are null and void.^ 
The second restriction placed upon the county com¬ 
missioners is in the issuance of bonds. Whenever 
such an issue is made it must be done with the consent 
of two-thirds of the electors. 


Checks on 
the expendi¬ 
ture of 
money. 


County 

Commis¬ 

sioners. 


‘Constitution of Minnesota, Art. IV., Sec. 12. 
* Revised Statutes, 190S. ch. 10. 


Revenue and Expenditure 


Local 

government 
powers in 
money 
matters. 


City expen¬ 
ditures. 


138 

In the cities and villages the power of regulating 
money matters rests with the council. This body 
votes appropriations, but within the income of the 
city or village. A limit, usually five per cent, of the 
total valuation of the property in the town or city, 
is placed upon the making of debts without the con¬ 
sent of the electors. It is, therefore, impossible for a 
municipal organization to burden itself with debt 
unless by its own consent. In the township money 
matters rest entirely with the town meeting, but bonds 
cannot be voted except with the consent of two-thirds 
of the electors of the township. 

Under charter forms of government some general 
restrictions are placed by the legislature upon the 
extension of city debts. No appropriations of money 
can be made by a municipal council without a two- 
thirds vote; in the issue of bonds a three-fourths vote 
must sustain the issue, and even then the question 
must be submitted to the people, who must ratify the 
issue by a two-thirds vote before the bonds can be 
sold. A limit has been placed upon the total in¬ 
debtedness of a city, but the indebtedness may be 
increased beyond the five per cent, limit upon the 
total valuation of property by the consent of two- 
thirds of the electors voting. A number of local 
bodies, such as school boards, park commissioners, 
and library boards, may issue bonds under certain 
conditions. 

These restrictions, sometimes harassing, are neces¬ 
sary for the protection of the taxpayer. Governments 
are so complicated that unrestricted expenditures 
would mean extravagances and increased burdens of 
taxation. To prevent this the legislature has enacted 
the laws mentioned above. 


^Revised Statutes, 1905, ch. lo. 


CHAPTER IX 


EDUCATION 

55. References 


Blackmar, The History of State and Federal Aid to Education, 
295-7; Hyde, Minnesota School Laws; Revised Laws, 1905, ch. 
14; General Laws, 1899, chs. loi, 352, 354; Farmers’ Institute 
Annual, 1905 ; Reports of the Superintendents of Public In¬ 
struction ; Minneapolis Times, August 20, 1899; Kiehle, History 
of Education in Minnesota. 


56. The Growth of the School System 

The history of education in Minnesota has been 
uneventful. Unlike Michigan and Wisconsin, the 
State has never been compelled to litigate the ques¬ 
tion of public support to high schools, so that the sys¬ 
tem has grown steadily from its inception. The 
framers of the constitution accepted thoroughly the 
idea of popular education, going so far as to make 
a positive declaration concerning the duty of the 
legislature to establish a general and uniform sys¬ 
tem of public schools.^ In the act organizing the 
Territory of Minnesota, the school system of the 
future State was kept constantly in view. By that 
act the basis of the present fund was laid, amounting 
to $17,824,135 at the end of the school year 1906.^ 

^ Constitution of Minnesota, Art. VIII., Sec. i. 

^Legislative Manual, 1907, p. 539. 

139 


The history 
of public 
schools. 


140 


Education 


School 

districts. 


High 

schools. 


Normal 

schools. 


Congress very generously voted two sections in each 
township in the Territory for school purposes, thus 
endowing the public school.^ With this heritage the 
Territory had but little to do; it has only been in 
more recent years that the State has sold the lands 
to advantage. The preliminary organization of the 
schools, however, rested with the legislature. 

Almost the first act of the territorial legislature was 
to establish common schools. In November of 
1849 such a system was devised, making a township 
in which five or more families were living a school 
district. The township district was changed in 1851 
for the present school district. This method of 
organization was far from satisfactory to the grow¬ 
ing towns of St. Paul, Minneapolis, Winona, Stillwater, 
and others, so that they requested the legislature, at 
different times, to make these cities special school 
districts. This, however, led to some abuses, and in 
1865 the legislature established a third type of 
school district, now called the independent district. 

Here and there in the State special and indepen¬ 
dent districts established high schools. Great diffi¬ 
culty was found in the newer communities in 
sustaining these forms of higher education. The 
State therefore considered it advisable to extend aid, 
which it did for the first time in 1881. Since then 
this high school act has been much modified, as will 
be seen in a later paragraph. 

Regarding the high school as the second link, the 
third one in the State educational system is the nor¬ 
mal school. The framers of the constitution recog¬ 
nized the necessity of specially trained teachers. In 

^ Act organizing the Territory of Minnesota, Sec. 18, Appendix G. 


The Organization of the School System 141 

1858 provision was made for the location and estab¬ 
lishment of three normal schools, a fourth one was 
created in 1885 and established at Moorhead, and a 
fifth at Duluth in 1895. The three earliest schools 
did not really get well established until 1870. 

The University is the crown of the entire school sys¬ 
tem. It was established by legislative enactment as 
early as 1851, but was reorganized in i860, 1864, and 
1868. In the first year mentioned. Congress granted 
to the Territory two townships of land for the use and 
support of a university. A school was organized in 
1851, which was continued until 1854; two years later 
the title passed out of the hands of the regents. It 
was in 1854 that the present site was secured. The 
old stone building was completed in 1858, but the 
vicissitudes of the University were so great that finally, 
in 1864, the legislature appointed a committee, con¬ 
sisting of John S. Pillsbury, John Nichols, and O. C. 
Merriman, to pay the debts and sell the building and 
lands. Through the tact and energy of these men the 
University was saved. In 1867 a preparatory school 
was opened, but another reorganization was necessary 
before the institution was fairly started. The act of 
1868 created a governing body of nine regents and 
established five collegiate departments. Dr. William 
W. Folwell was chosen president in 1869. He 
was succeeded in 1884 by the present president. 
Dr. Cyrus Northrop. 


The Uni¬ 
versity. 


57. The Organization of the School System 

Three forms of school districts are now established 
by the law. These are the common, independent. 


142 


Education 


School 

districts. 


Common 

schools. 


Independent 

districts. 


and special districts. All are bodies corporate, pos¬ 
sessing the power to sue and be sued, and the right 
to make contracts. In the use of these powers the 
districts differ very considerably. We shall therefore 
examine them in order. 

The common school district is an area of territory 
including less than five hundred people. When a 
majority of the freeholders who are legal voters 
make known by a petition to the county commis¬ 
sioners their desire to have a school district in a 
particular part of a county, the commissioners grant 
the request upon the approval of the county superin¬ 
tendent of schools. The organization of the district 
rests with the district meeting. This as a usual thing 
is held once a year, the time set by statute being the 
third Saturday in July. At this time the meeting 
determines the length of the school year, the amount 
of the tax, the site of the schoolhouse, and elects 
officers. The officers in the case of the common dis¬ 
trict are a director, a treasurer, and a clerk, elected for 
a period of one year. This board controls the school 
affairs of the district, and hires and pays teachers. 
Such a school board may issue bonds for school pur¬ 
poses upon the consent of two-thirds of the voters 
present at the annual meeting. 

The independent district is not as democratic in its 
organization as the one just referred to. Its affairs 
are in the hands of a board of education consisting of 
six men elected by the people. The board has power 
to erect school buildings and to issue bonds when au¬ 
thorized to do so by the people. It controls directly 
the election of the superintendent, the question of 
grades, the selection of teachers, and the regulation of 


The Organization of the School System 143 


the schools. The board did have, at one time, the 
power to appoint commissioners to examine candi¬ 
dates for teachers’ certificates, but that power now 
rests with the State superintendent of public instruc¬ 
tion and the county superintendent.^ 

Owing to the large population in the cities, a third 
form of district has been created, called a “ special dis¬ 
trict.” The general school laws do not appear to be 
sufficient to meet all the questions that come up in the 
management of city schools, and, in consequence, the 
legislature has established, in the cities of St. Paul, 
Minneapolis, Duluth, Winona, and other towns, boards 
of education with wider powers. There is no special 
uniformity in their organization. The usual powers 
found in the independent school district are retained, 
with other features added. The electors in the spe¬ 
cial districts select, at the regular city election, from 
two to four members of the board of education for a 
term of two or three years. The powers conferred 
upon the boards render the office an important and 
responsible one.^ 

It is under the direction of the boards in the school 
districts that the schools are graded and grouped into 
primary, graded, and high schools. An elaborate sys¬ 
tem of control and direction has been built up in 
order to keep the work uniform and even, but this 
must be left for consideration in another section. 
Meantime, our inquiry brings us to another important 
matter, the support of the schools. 


^General Laws, 1899* chs. loi, 354 * 

’In 1902 there were 747 common, 119 independent, and 141 
special schools receiving State aid. In the schools of the State 
were enrolled 414,671 pupils. 


Special 

districts. 


Grading of 
schools. 


144 


Education 


58. The Support of the Schools 

The money necessary for the support of the public 
schools comes from two sources, — interest on the 
Schooifunds. school fund and taxation. As already noted, Congress 
gave to the Territory of Minnesota two sections in each 
township for school purposes. By judicious sales a 
fund amounting to nearly $18,000,000 has been built 
up. The fund is composed of receipts from the land 
sales, sale of timber, mineral leases, and royalties on 
iron ore.^ The proceeds from these various sources 
are invested in bonds, or loaned to counties and school 
districts to be used in the erection of county or school 
buildings. The income is distributed to the various 
counties in proportion to the number of scholars en¬ 
rolled. The second source is taxation in the form of 
state, county, and special taxes. 

There is annually levied upon all the taxable prop¬ 
erty of the State a tax of one mill on the dollar. 
This is known as the “ one mill school tax,” and the 
School taxes, collections from this source are added to the income 
from the school fund. The total, amounting to over 
$1,000,000, is distributed by the State auditor to the 
different counties. As a further provision for the 
support of the schools, a tax of one mill is levied in 
the counties. This is paid into the county treasury 
(as are all local taxes), and returned in the final settle¬ 
ment to the districts from which it is collected. 
Usually the apportionment from the State fund and 
the local tax are not sufficient to meet the school 
expenses, so a third tax is levied called a special 
school tax. The needs of the district cause the last 


^ Legislative Manual^ 1907, p. 539. 


The Support of the Schools 


145 


tax to vary a great deal. The amount of the State 
and local tax is fixed by law, but the special tax rate 
is determined by the school meeting in the common 
districts, and by the boards of education in the inde¬ 
pendent and special districts. The expenses of the 
normal schools, teachers’ institutes, training schools, 
and the department of public instruction are met by 
appropriations granted by the legislature. 

The University, like the public schools, was en¬ 
dowed with a gift of land by the Enabling Act. Con¬ 
gress had made one grant of two townships in 1851, 
but this had been lost in an effort to found a univer¬ 
sity, so in the enabling act a second grant was made. 
Again, in 1862, Congress, by the Agricultural Land 
Grant Act gave each State a quantity of land for a 
mechanical and agricultural college. This grant, in 
1868, was turned over to the regents of the Univer¬ 
sity. From the sale of these lands a permanent uni¬ 
versity fund has been created, amounting, in 1906, to 
$1,388,358. There still remains to be sold 36,270 
acres of land belonging to the original grants. In 
addition to the interest from the permanent fund, the 
University receives $45,000 annually from the govern¬ 
ment of the United States, the proceeds from the 
.23 mill tax on the property in the State, fees from 
the students, and the proceeds from the sale of the 
products of the University farm. The legislature 
appropriates from year to year $80,000 to $200,000 
for repairs and new buildings. It is well equipped 
with buildings, now numbering forty. The income of 
the University at present is about $600,000. The 
members of the faculties number 350, and the student 
body 4,400. 


The Univer¬ 
sity endow¬ 
ment. 


146 


Education 


Division 
of the 
schools. 


The rural 
school. 


Aids to rural 
schools. 


59. Administration of the School System 

For the purpose of proper management the school 
system is divided into three parts: the public schools, 
normal schools, and the University. The first of 
these groups is again subdivided into rural, State 
graded, and State high schools. The rural school is the 
common school found throughout the State in the 
agricultural districts. A board of three persons 
elected by the school meeting hires the teacher and 
conducts the financial affairs of the district. In each 
county there are a number of such schools, in which 
from twenty to forty pupils are instructed in the ele¬ 
ments of education. To keep these in touch and at 
the same time maintain a certain standard of effi¬ 
ciency an officer, called the county superintendent, is 
elected in each county every two years. His duty is 
to examine and license teachers, under the direction 
of the State department of public instruction, visit 
and inspect the schools of the county, and give such 
advice as is needed.^ He also conducts each year a 
county institute, and makes an annual report to the 
State superintendent of public instruction and the 
county auditor. The latter report finally finds its 
way to the State auditor, and is the basis of the distri¬ 
bution of the school fund to that county. 

To encourage the development of the rural schools 
the legislature, in 1899, passed an act granting yearly 
to such schools as meet certain requirements the sum 
of $125. In order to secure this bonus the school 
trustees must provide for eight months of school, a 
school building and library, and hire a teacher who 

*See p. 149, and Revised Laws, 1905, §§ 1348, 1371. 


Administration of the School System 147 

has a first-class certificate.^ When the schools in a 
county have complied with the regulations, applica¬ 
tion is made to the county superintendent, who certi¬ 
fies to the correctness of the application. The papers 
are then sent to the State superintendent, who makes 
the apportionment in accordance with the law. 

It is seldom that a school reaches the dignity of a 
graded school until it is organized as an independent 
district. There is no demand in a rural community 
for a graded school, but a population of five hundred 
or over in the district makes it desirable to grade the 
pupils. An organization of this kind requires a 
larger expenditure of time and money. It is usually 
necessary to have a special superintendent to look 
after the interests of the schools, and to employ a 
larger number of teachers. The independent and 
special districts are not, therefore, subject to the 
direct supervision of the county superintendent. The 
legislature, recognizing the good work done by the 
graded schools, made provision for State aid. But 
there are some schools only partially graded; to these, 
if they have eight months of school, two departments, 
at least one teacher with a first grade certificate, 
buildings, and a small library, $250 is granted annu¬ 
ally. The application is made in the same way as in 
the case of the rural schools. The fully graded 
schools receive $550 a year, but the requirements are 
very much greater. It is necessary for them to have 
nine months of school, four departments (the princi¬ 
pal being a college graduate), buildings, library, and 
a regular course of study. 

The ambition of every high school is to become 


Semi-graded 
and graded 
schools. 


'^General Laws, 1905, ch. 296. 


148 


Education 


State high 
schools. 


The high 

school 

board. 


a State high school. The legislature early recog¬ 
nized that the expense of conducting a first-class high 
school rests heavily upon a small and energetic com¬ 
munity. In 1881 an act was passed to meet this 
difficulty. The legislature of 1903, however, sur¬ 
passed all records, and provided generously for State 
aid to high schools. Under this act, if a high school 
maintains regular courses admitting to the Univer¬ 
sity, nine months of school, charges no tuition, and 
has proper buildings and a library, it may receive 
from the State the sum of $1,500 annually. Such aid 
is limited to seven schools in the same county. These 
schools are always open to the visits of the high 
school inspector, and are subject to the regulations 
of the high school board. The application for aid is 
made to the latter body. 

Possibly the most important part of the machinery 
of the public schools is the high school board. The law 
first provided for this board in 1878, but the present 
membership was established in 1901.^ The opening 
paragraph of the law reads, “The superintendent of 
public instruction, the president of the University, the 
president of the Normal School Board, the superin¬ 
tendent or principal of a high school, and one other 
person appointed by the governor, constitute the high 
school board,’^ This board is given great discretionary 
power in the regulation of the schools receiving State 
aid. The board also causes to be visited each school 
receiving aid from the State. Two inspectors are 
employed for this purpose, one with the title of 
Inspector of State High Schools, the other with the 

"^General Statutes, 1878, II., ch. 36, § 155. General Laws, 
1901, ch. 148, § I. 


Ad^ninistration of the School System 149 


title of Inspector of State Graded Schools. The 
recommendations made by these officers from time 
to time have been extremely helpful in making the 
school system more uniform. Under the authority 
of the board, examinations on the various subjects 
pursued in a high school are given twice a year. 
The papers are submitted to the examiner of the 
board and marked. The pupils receive cards for each 
subject in which they pass; these, as far as they go, 
are prima facie evidence that the requirements for 
admission to the University have been met. 

The head of the public school system is the super¬ 
intendent of public instruction, who is appointed by 
the governor for a term of two years.^ His duties 
are numerous; among these are meetings with the 
county superintendents of congressional districts, the 
organization of training schools and teachers’ insti¬ 
tutes, the preparation of blanks for school reports, 
the holding of examinations for teaching certificates, 
and the presentation of an annual report showing the 
number of pupils in the schools, the condition of the 
public schools, the amount of the school fund and 
how distributed, and such other matters as relate to 
his work.^ The State superintendent is, by virtue of 
his office, a member of the high school board, the 
normal school board, and the University regents. 

The law of 1899 (Ch. loi) has placed an addi¬ 
tional burden upon the State superintendent. The 
irregularities in the granting of teachers’ certificates 
demanded some adjustment, and the law just referred 
to attempts to obviate the difficulty by placing the 

^ Appendix L. 

^Revised Laws, 1905, § 1374. 


Superintend¬ 
ent of 
public in¬ 
struction. 


Teachers’ 

certificate. 


Education 


150 

granting of certificates jointly in the hands of the 
State and county superintendents. Five different cer¬ 
tificates may now be issued. The examinations for 
these certificates, with the exception of the third grade 
certificate, are held twice a year in every county under 
the direction of the State department of Public In¬ 
struction. The certificates are called professional, 
first and second grade, and first, second and third 
grade teachers’ certificates. The professional certifi¬ 
cates of the first grade are granted to permanent 
donrand'cer of high character who have been recom- 

tificates. mended by a board of education, or who have passed 
successfully the required examinations. The second 
grade professional certificate is granted to successful 
teachers who have passed examinations required in 
Section 1367 of the Revised Laws, 1905. The first 
grade certificates are given to qualified persons for 
five years who have taught eight months successfully 
and passed the examinations. The second grade is 
granted to persons who have passed the examinations 
and taught five months.^ The certificate is good for 
two years. The third grade is issued by the county 
superintendent upon his own examination, but is good 
in a single district. It cannot be renewed except upon 
examination. The object of the law is to secure better 

‘ Persons who have passed required examinations, and who 
have not taught, and are not less than seventeen years of age, 
may be granted a limited second grade certificate for one year. 
Diplomas from the State University, countersigned by the de¬ 
partment of education, and from the Normal Schools are ac¬ 
cepted for two years as first grade certificates. In elementary 
courses after two years of successful teaching the diploma 
becomes a first grade certificate for five years, in advanced courses 
a first grade life certificate. 


Normal Schools 


151 

qualified teachers; that it will do this cannot be 
doubted. 

60. Normal Schools 


This grade of schools was established to educate and 
prepare teachers for work in the public schools of the 
State. Various acts of the legislature have created 
five schools in which are maintained three different 
courses of study—an elementary course, an advanced 
course for high school teachers, and a professional 
course equivalent to about two years’ work in the 
University. In addition to these courses instruction in 
kindergarten methods is given. Each of the schools 
maintains a model school for purposes of demon¬ 
strating practically the work of scientific teaching. 
The attendance has been large during the last ten 
years.^ 

The management of the normal schools is in the 
control of a board of nine persons appointed by the 
governor. The term of office is four years. The law 
describes the powers of the board as follows: “ The 
State normal school board shall have the general 
supervision, management, and control of the State 
normal schools, and of all property, real and personal, 
thereto appertaining. They are hereby authorized and 
empowered to visit and thoroughly inspect all buildings 
connected with the schools under their charge, to 
appoint all professors and teachers in said schools, 
and to fix the salaries of the same.”^ The board is 
also given the power to prescribe and regulate the 

^Legislative Manual, 1905, pp. 247-252. 

^Revised Laws, i90S» § i44i* 


Courses. 


The board. 


152 


Education 


Departments 
and degrees. 


Relation of 
schools to 
the Uni¬ 
versity. 


courses and conditions of admission. At the end of 
each year a report is made to the governor, setting 
forth the condition of each school. At the head 
of each school is a president, who manages its af¬ 
fairs so far as instruction and discipline are con¬ 
cerned. 

6 i. The University. 

In another paragraph of this chapter the early his¬ 
tory of this institution was briefly described, so that 
the organization and government alone will be the 
subject of this section. The amended acts of 1868 
and 1872, as well as later ones, provided for the 
establishment of five or more colleges in the Univer¬ 
sity of Minnesota. At the present time there are 
colleges of science, literature and the arts, education, 
engineering, medicine, dentistry, law, agriculture, 
schools of mines and chemistry, and a graduate de¬ 
partment. From these schools and colleges the 
degrees of bachelor of arts, science, literature, agri¬ 
culture, engineering, and law are given upon the 
completion of undergraduate work. Other degrees, 
such as doctor of medicine, master of arts, and doctor 
of philosophy, are awarded to candidates completing 
advanced courses. The University does not confer 
any honorary degrees. 

A close relation exists between the University and 
the public schools. It is the ultimate goal toward 
which the courses of study in the public schools lead. 
The high schools act as feeders to the higher institu- 
tution. Recognizing the desirability of such a rela¬ 
tion, the entrance requirements to the University are 
made the basis of much of the high school work. A 


The University 


153 


system of accredited schools has been created, so that 
a pupil from a high school which has been inspected 
and approved may be admitted to the University upon 
presentation of his diploma. Such schools as are not 
accredited may secure credits for their students by the 
presentation of State high school board examination 
certificates to the University authorities.^ 

The government of the University is vested in a 
board of twelve regents, of which the governor, the 
State superintendent of public instruction, and the 
president of the University are ex officio members. 
The remaining nine members are appointed by the 
governor for a term of six years. Because of the 
great services of Hon. John S. Pillsbury to the Uni¬ 
versity, he was made a life regent, thus increasing the 
board to thirteen during his lifetime. This body 
elects from its members a president of the board, a 
treasurer, and a recording secretary. The last two 
need not be members of the board. The president 
of the board and the treasurer give bonds to the State 
of Minnesota in the sums of ;^ 50 ,ooo each for the 
faithful performance of their duties. 

The regents have power to enact by-laws for the 
government of the University, to elect a president, 
the requisite number of professors, instructors, officers, 
and employees, fix salaries, regulate the courses of 
study, confer degrees, hold property, and dispose of 
the same. The regents also have charge of the 
agricultural farms and experimental stations estab¬ 
lished under congressional grants. The president of 
the University holds his office during the pleasure of 
the board. The administration of the affairs of the 


The board 
regents. 


Powers 


1 See State high school board, p. 148. 


54 


Educatio 7 i 


The geolog¬ 
ical 

survey. 


Farmers’ 

Institutes 


institution rests with him. Two reports are required 
from him, one to the regents, the other to the super¬ 
intendent of public instruction. 

In 1872 the legislature provided for a geological 
and natural history survey of the State. The direc¬ 
tion of this undertaking was left in the hands of the 
regents. Funds were to be provided by the sale of 
the “ salt lands ” transferred to the regents. The 
purpose of the survey was to secure a complete 
account of the animal, mineral, and vegetable king¬ 
doms in the State. Reports of the work done were 
authorized, and these have appeared from time to 
time in quarto volumes. 

62. Farmers' Institutes, Free Text-Books, and' 
Libraries 

There have grown up in the Minnesota system of 
education a number of features which cannot be 
treated within any orderly scheme, such as the 
farmers' institute, school libraries, and free text¬ 
books. It is necessary, therefore, to consider these in 
a paragraph by themselves. The farmers' institutes 
are a most interesting part of the educational work. 
Since 1903 the legislature has made an annual grant 
of $18,000 for their maintenance. The object is to 
disseminate practical knowledge upon questions per¬ 
taining to agriculture, horticulture, stock, and dairy 
farming with the least expense and inconvenience to 
the people of the State. The administration of the 
system is intrusted to a board consisting of three 
regents of the University and three other persons 
who are designated as the presidents of the State 


Institutes^ Free Text-books^ and Libraries 155 


Agricultural Society, State Dairy Society, and the 
Horticultural Society. The members hold office for 
three years and are given power to employ a super¬ 
intendent of institutes. This officer has charge of 
the institute programmes, the securing of instructors, 
and the publication of the Farmers' Institute Annual. 
He also makes a report of the attendance, character 
of the work, and expenses to the administrative 
board.^ The work of the institutes has been very 
helpful to the farmers of the State, and must pro¬ 
duce great results in a few years. The first act in 
relation to the institutes was passed in 1887; since 
that time it is required that at least forty such insti¬ 
tutes must be held each year. 

The State legislature has never deemed it wise to 
undertake the publication of free text-books, although 
bills for that purpose have been introduced from 
time to time. Nevertheless, an act was passed as 
early as 1887, and since amended, giving school 
districts the power to make contracts with publishers 
with the expectation of loaning books free of charge, 
or selling them at cost. In this law there are two or 
three steps to be noted. First, the act provides for 
the filing with the superintendent of public instruc¬ 
tion of lists of books and the lowest prices at which 
the publishers are willing to sell them to any board of 
school trustees in the State.^ Copies of the books 
listed must be deposited in the office of the depart¬ 
ment of public instruction. The second step rests 
with the superintendent of public instruction, who, 
after receiving the lists and the copies of the book, 

^Legislative Manual, 1905^ PP* 29S-300. 

* Curryer vs, Merrill, 25 Minn. i. 


Free text¬ 
books. 


School 

libraries. 


Travelling 

libraries. 


156 Education 

sends a certified pricelist to the clerk of each com¬ 
mon school district. The final step is determined by 
the legal voters of the district. Five or more legal 
voters may petition the trustees to submit the ques¬ 
tion of free text-books to a vote. After ten days’ 
notice a meeting may be held to decide the question. 
If a majority vote in favor of free text-books, it is the 
duty of the trustees to provide for the same. The 
legislature enacted that contracts might be made with 
publishers for periods of from three to five years.^ 

For the purpose of encouraging school libraries 
the legislature appropriates annually the sum of 
$10,000, which was to be distributed as follows: The 
presidents of the normal schools and the superintend¬ 
ent of public instruction were directed to select a 
suitable list of books for use in schools. When this 
was done they were to advertise for bids on the 
books and to make a contract with the publishers for 
a term of two years. When any school district 
purchases all or part of the books noted on the list 
and provides for their care, the State auditor, upon 
the recommendation of the county superintendent to 
the superintendent of public instruction, shall issue a 
warrant for not more than $20 for the first statement, 
$10 for the second, and $10 for each subsequent state¬ 
ment. Each school may receive from the State only 
one payment in each year. 

The crowning act of the legislature in rounding 
out and completing the educational system of the 
State was the creation of travelling libraries. By an 
act passed in 1899 a commission of five persons was 
created, consisting of the superintendent of public 

^Revised Laws, 1905, § 1427. 


Institutes, Free Text-books, and Libraries 157 

instruction and the normal school presidents^ The 
board is to buy books and provide for their circulation 
throughout the State. The legislature appropriated 
$10,000 annually for this purpose. 

It will thus be seen that Minnesota has a remarkably 
well-developed system of public education. This sys¬ 
tem provides not merely for instruction in the school- Conclusion, 
room, but comprises also institutes, school libraries, 
and circulating libraries. The machinery is now well 
organized; time alone is needed for the full growth of 
the educational work. 

^General Laws, 1899, ch. 353, and Revised Laws, 1905, § 1424. 


CHAPTER X 


Social 

classes. 


THE PROTECTION OF THE STATE 
63. References 

Revised Laws, 1905, (Index); General Laws, 1897, ch. 118, 
1899, ch. 231 ; Legislative Manual, 1907 (Index) ; Reports of the 
Adjutant General and of the Superintendents of Institutions in 
the Executive Documents published every two years by the State, 
also Report of the Board of Control. 


64. The Problems 

The commonwealth of Minnesota is a part of 
society united politically, industrially, and socially. 
The whole study of this book has been given over to 
the political side of this organization; nevertheless, 
the industrial and social functions of the common¬ 
wealth are just as important as the political, although 
left more to the individual, who arranges his industrial 
and social relations to suit himself. So long as the 
actions of the individual are not contrary to law, there 
is no interference on the part of society. But among 
every people exist certain persons who refuse to con¬ 
form to the laws of society. These must be prevented 
from interfering with the property and the affairs 
of the law-abiding. Then there are others who, 
through misfortune, have become paupers, or others, 
defective by birth or other causes, who need protec¬ 
tion, so that the State finds it necessary to help them. 
Sometimes a body of citizens, feeling that they have 
158 


The Problems 


159 


been wronged, usually in some industrial affair, break 
out in revolt against the government and refuse to 
await the action of the courts, preferring to take the 
law into their own hands. Such an act requires the 
use of force. This necessitates the existence of a body 
of militia to prevent the infraction of law by force of 
arms. Another reason for the existence of the militia 
is the need of a national body of citizen soldiery for 
use in any emergency. State or national. Thus it will 
be seen that the State has two problems before it in 
protecting society; the first and larger is correctional 
and charitable in its character, the second, military. 
The first question deals with the housing of depend¬ 
ents, the care of defectives, the reform of youthful 
offenders, and the imprisonment of criminals. The 
State has recognized fully its duty in reference to 
these four classes, and in consequence a number of 
institutions have been created to meet this need. 
These may be grouped as follows: — 

CHARITABLE AND CORRECTIONAL INSTITUTIONS 

I. Dependents. 

1. School for Dependent and Neglected Chil¬ 

dren. 

2. Soldiers’ Home. 

II. Defectives. 

1. Insane Asylums. 

2. Deaf, Dumb, and Blind Institutes. 

III. Youthful Offenders. 

1. State Reform School. 

2. The State Reformatory. 

IV. Criminals. 

I. State Penitentiary. 


Classificalion 
of institu¬ 
tions. 


The militia. 


Organized 

militia. 


i6o The Protection of the State 

The second problem involves the maintenance of 
order under all circumstances. To some degree this 
requires a military force. The unorganized militia 
consists of all male persons between the ages of 
twenty-one and forty-five who are residing in the 
State. 

The organized militia is composed of companies 
and regiments formed under the authority of the 
United States and of the State. The governor of the 
State may call out the State militia, and the Presi¬ 
dent of the United States the entire national guard 
for three causes, — to execute the laws of the State or 
the United States, to suppress insurrections, or to 
repel invasions. The Constitution of the United 
States gives Congress the authority to provide for 
the organization of militia in the different States.^ 
In order to encourage the States to organize militia, 
an appropriation is made by Congress which is dis¬ 
tributed among the different States in proportion to 
the men enlisted. The legislature also makes pro¬ 
vision for the militia, but even with this financial aid 
the members of the militia often find it necessary to 
contribute to the support of their respective companies. 
In some of the States naval reserves are organized. 
This force stands in the same relation to the navy 
that the militia does to the army. 

The two problems of protection, which are quite 
as important as those of education, are before us, and 
we shall consider them in the following order: chari¬ 
table and correctional institutions, the militia, and 
naval reserves. 

1 Constitution of the United States, Art. II., Sec. 8, and Art. II., 
Sec. 2. 


Charitable Institutions 


i6i 


65. Charitable Institutions 

The inmates of these institutions are to be distin¬ 
guished from those in the correctional institutions. 
They are here because of misfortune or inability to 
maintain themselves in the outside world. As shown 
in a previous paragraph, there are two groups, one 
for dependents, the other for defectives. There are 
only two institutions for dependents, the School for 
Dependent and Neglected Children, and the Soldiers’ 
Home. 

The School for Dependent and Neglected Children 
is situated in the city of Owatonna and was established 
there in 1885. In the following year the school was 
opened for the reception of children. The permanent 
buildings are eleven in number and comprise an ad¬ 
ministration building, a schoolhouse, heating plant, 
seven cottages, hospital, and barns. The total cost 
of the property was $345,575- The object of the 
institution is to provide a temporary home for the 
dependent and neglected children of the State.^ The 
plan of administration embodies the features of a 
home life. The children are divided into families 
numbering from twenty to thirty members. Each 
family occupies a separate cottage and is in charge 
of a competent woman. The county commissioners 
of each county are authorized by the State law to 
send dependent or neglected children to the home 
after an examination before the judges of probate. In 
this way the State keeps in touch with all its parts, 
and is able to carry out the benevolent purpose of 
the school. 


Dependents. 


School for 
Dependent 
and 

Neglected 

Children. 


1 Legislative Manual^ 1905, pp. 255-258. 


The Protection of the State 


The Soldiers’ 
Home. 


Manage¬ 

ment. 


The care of 
the insane. 


162 

The Soldiers’ Home was established by legislative 
act in 1887. It was located near the historic Minne¬ 
haha Falls. The object of the home is to provide a 
refuge for all honorably discharged soldiers, sailors, 
and marines who served in the wars of the nation, 
and who are not able to earn their living and have no 
adequate means of support. The property owned by 
the State for this purpose consists of fifty acres of 
land and nine permanent buildings. The cottage 
system is followed as the best method of housing and 
maintaining discipline. The expenses of the home are 
met by the “ home support fund,” which consists of 

(1) moneys transferred from the soldiers’ relief fund, 

(2) the annual payment by the United States govern¬ 
ment of ;^ioo for each inmate, (3) payments by pen¬ 
sioned inmates of all moneys received by them from 
the government over and above the sum of four dollars 
a month. 

The management of the home is vested in seven 
trustees, who are appointed by the governor for a 
term of six years. This board is non-partisan; no 
more than four can be of the same party. The com¬ 
mander of the home is selected by the trustees. 

The State has three insane hospitals, situated at 
St. Peter, Fergus Falls, and Rochester. By the legis¬ 
lative act of April 15, 1899, two asylums were estab¬ 
lished at Anoka and Hastings, which were built the 
following year.^ January i, 1906, there were 4183 
persons in the insane hospitals. The cost of main¬ 
taining them, together with the expenses of adminis¬ 
tration, was about $1,000,000.^ 

^General Laws, 1899, ch. 230. 

^Legislative Manual, 1907, p. 241 


Correctional Institutions 


163 


The control of the asylums and all the matters 
pertaining to them are in the hands of the State Board 
of Control appointed by the governor. The term of 
office is six years. It is their duty to examine the 
condition of the institutions, to ascertain their needs, 
and regulate the expenditures. The board appoints 
the superintendents of the asylums under its care. 

At Faribault are situated the institutions for the 
defectives. These consist of schools for the deaf 
and dumb, blind, and feeble-minded. The legislature 
as early as 1858 made provision for a State insti¬ 
tute for defectives. The school, however, was not 
opened until 1863. The first building was erected 
five years later. As the school grew in size the 
difficulties in training the blind and deaf and dumb 
together grew more and more apparent. To obviate 
this the legislature established three separate schools 
now known as the schools for the deaf and dumb, 
blind, and feeble-minded. Each school is governed, 
so far as instruction and discipline are concerned, 
by a superintendent and assistants. The business 
affairs of the schools, the matter of buildings, and the 
employment of officers are in the hands of the State 
Board of Control whose authority is discussed in Sec¬ 
tion 66 of this book. 

66 . Correctional Institutions 

The problem of the State under this head is a 
defensive and correctional one. The individuals with 
whom it deals are not defectives, but are breakers of 
the law. In order to meet the problem of offenders 


Manage¬ 
ment by 
Board of 
Control. 


Institute for 
defectives. 


164 


The Protection of the State 


State institu¬ 
tions. 


State training 
school. 


Reformatory. 


against the law, the State has established three institu¬ 
tions, two of which are for youthful offenders. One 
of these, the State training school at Red Wing, is for 
boys and girls under sixteen years of age. The 
second, the State reformatory at St. Cloud, is for boys 
and men between the ages of sixteen and thirty. 
The third institution, the penitentiary at Stillwater, is 
the State’s prison for criminals. 

The Minnesota State training school was estab¬ 
lished at St. Paul in 1866. The crowded condition 
of the institution and its nearness to the city com¬ 
pelled its removal to Red Wing in 1895. The object 
of the school is to train incorrigible children and 
youthful offenders. The school is organized on the 
open family plan. The families are graded accord¬ 
ing to the age of the children, and are in charge of 
a manager, teacher, and housekeeper. The boys are 
taught trades and the girls are given instruction in 
housework. A State agent of the school finds homes 
for the children in the various parts of the State. The 
schools, like the other charitable and penal institutions, 
are under the supervision of the State Board of 
Control. The cost of the buildings constructed at 
Red Wing up to 1906 was $407,000. The expense 
of maintenance is $165 per child. 

Immediately between the State School and the 
State piison is the reformatory. Boys and young 
men between the ages of sixteen and thirty, never 
before convicted of a crime, are sent here for reforma¬ 
tion. The reformatory is situated at St. Cloud, where 
it was established in 1887. The object of the institu¬ 
tion is to place first offenders under such discipline 
and education as will enable them to form habits and 


Correctional Institutions 


165 

character suitable to meet the problems of honest 
self-support. The men who are sentenced to the 
reformatory do not enter the institution for any 
definite time, but are retained until reformation is 
strongly probable. When allowed to leave the in¬ 
stitution the release is not final, but such persons, 
after a period of good conduct, may be paroled. 
The paroled prisoner must report to the prison 
authorities for a period of several months. The 
reformatory is under the supervision of the State 
Board of Control. The board elects the superin¬ 
tendent, who appoints his subordinates. In the train¬ 
ing of the men and boys an effort is made to teach 
them some useful trade before they leave the in¬ 
stitution. On this point the superintendent says, 
‘‘Eighty per cent, of the inmates are growing boys, 
sixteen to twenty-four years old, hearty eaters and 
hard on clothes, and, as they come without trades 
and are mostly undisciplined to labor or otherwise, 
and as soon as fitted go out for themselves again, 
their cost to the State is much more than their earn¬ 
ing capacity. The object is reformation, and if that 
is accomplished with due economy, the State is well 
served.’'^ 

The State prison was the second institution pro¬ 
vided after the organization of the Territory. The 
buildings of the prison were begun in 1851. Since 
that time the prison has been entirely rebuilt. The 
shops alone now number seven. The following quota¬ 
tion depicts clearly the workings of the prison sys¬ 
tem : “The discipline and management of the prison 

^Legislative Manual, 1899, p. 313. 


State prison. 


The Protectiofi of the State 


Employment 
of prisoners. 


Board of 
pardons. 


166 

is equal to the best in the country; every feature of 
advanced penal management is in full operation, the 
State laws allowing diminution of sentence term for 
good conduct. An evening school is conducted for 
the benefit of inmates eight months in the year, a 
Chautauqua circle is well attended by the inmates, 
and a well-organized choir of inmates furnishes music 
for Sunday services and holiday entertainments. The 
Prison MirroVy a weekly newspaper, is published and 
edited by the inmates, who have full control. The 
prison has a well-selected library of five thousand 
volumes, which are freely circulated among the pris¬ 
oners. The parole and grading systems, which have 
been in operation for seven years, are satisfactory. . . . 
The paroled prisoner is looked after by a State agent, 
whose duty it is to assist the discharged prisoner in 
securing employment and to have a watchful care 
that the conditions of parole are not violated.” ^ 

The inmates of the prison are employed in a num¬ 
ber of industries. These are the making of binding 
twine, school supplies, and the manufacture of shoes. 
The profits to the State from the business done have 
been something like $117,000 a year. The affairs of 
the prison are in the hands of the State Board of 
Control. The board appoints the warden without 
term.2 

In connection with the State prison, the legislature 
thought it necessary to establish a board of pardons, 
which was done in 1897.3 Previous to the passage 
of this law, the power of releasing prisoners rested 

^Legislative Manual, 1899, p. 314. 

’Second Report of the State Board of Control, 1904, p. 294. 

^General Laws, 1897, ch. 23. 


The Board of Charities and Corrections 167 

entirely with the governor. The new board consists 
of the governor, the chief justice of the supreme 
court, and the attorney general. The power to grant 
pardons and to commute the sentence of any person 
convicted of any offence against the laws of this State 
now rests with this board. Regular meetings are 
held on the second Mondays of January, April, and 
July, at which time written applications for pardons 
are made. A majority of the board determines the 
fate of the applicant. 

67.' The Board of Control 

A general board of supervision was created in 1883, 
to act as a sort of check upon the managements of 
the various charitable and correctional institutions. 

This board was superseded in 1901 by the present 
Board of Control, which consists of three persons 
appointed by the governor for six years at an annual 
salary of $3,500. The secretary of the board is ap¬ 
pointed without term. Before entering upon their Member- 
duties the members of the board must give bonds in 
the amount of $25,000 each.^ The board is author¬ 
ized to conduct the business of charitable and penal 
institutions, purchase supplies, appoint heads of in¬ 
stitutions, meet them in conference, prescribe a uni¬ 
form system of accounts, secure accuracy, uniformity 
and completeness in statistics of State institutions, 
prescribe the forms of report and registration as may 
be deemed essential, and all plans of new jails, lock¬ 
ups, and infirmaries shall, before the adoption of 


'^Revised Laws, 1905, ch. 25. 


i68 


The Protection of the State 


the same by the county authorities, be submitted to 
the board for criticisms and suggestions. The gov¬ 
ernor, in his discretion, may, at any time, order an 
investigation by the board, or by a committee of its 
members, of the management of any penal, reforma¬ 
tory, or charitable institution of the State. The 
board also makes a report to the legislature biennially. 
In the report are set forth the expenses, and the con¬ 
dition of the State institutions, together with such 
suggestions as may seem desirable. 

Cost of The State spent during 1903-4 the sum of $2,129,028 

institutions, for the support of the charitable and correctional 
institutions. The number of inmates at the time was 
6560, which made one inmate to every 346 people in 
the State. The cost of maintenance per inhabitant 
was $1.00. These are rather remarkable figures. 
Compared with 1880, it means a decided increase in 
number of inmates and expense of management. The 
work of the board, nevertheless, has been particularly 
helpful in securing uniform prison conditions through¬ 
out the State. 

68. The Board of Visitors 

The legislature of 1907 deemed it advisable to create 
A board of visitors whose duty it shall be to visit all 
the charitable and correctional institutions in the 
State and make a report to the legislature of the con¬ 
ditions existing in them, together with recommenda¬ 
tions for betterment. The board consists of six 
persons appointed by the governor for a term of six 
years. The board is given $1,000 annually for clerk 
hire and travelling expenses. The members serve 
without pay.^ 


^General Laws, 1907, ch. 441. 


The Militia 


169 


69. The Militia 

The military problem of the State, such as it is, 
remains to be considered. The Spanish War dis¬ 
turbed very considerably the national guard organi¬ 
zation existing in the various commonwealths. This 
was particularly true of Minnesota, for the enlistment 
of the militia in the volunteer army of the United 
States nearly wiped out the militia organization for 
the time being. The military code of the State, as 
already pointed out, declares that all able-bodied 
persons between the ages of twenty-one and forty- 
five are subject to military duty,^ and the assessors 
are instructed to enroll all such persons within their 
districts. Two lists are made out, one of which is Unorgan- 
sent to the city or town clerk, the other to the county ized militia, 
auditor. The latter officer corrects the list and sends 
it to the adjutant general. There are some exemp¬ 
tions from service, thus, (i) all persons exempted by 
the laws of the United States; (2) persons in the 
army, navy, or volunteer service of the United States; 

(3) ministers of the gospel; (4) Indians not taxed, 
idiots, lunatics, and persons who have been convicted 
of an infamous crime are free of military duty. In 
time of war the adjutant general may use the lists Adjutant 
prepared by the assessors for drafting purposes, general. 
This officer is the custodian of all records, books, 
papers, and accounts of the military department of the 
State. He has a general supervision over the military 
stores, and performs all other duties required of him 
by the commander-in-chief. The adjutant general is 

‘Military code. General Laws, 1897, ch. 118. Revised Laws, 

1905, ch. 12. 


170 


The Protection of the State 


Oi'ganiza- 

tion. 


Enlistment. 


also the claim agent against the United States govern¬ 
ment for all persons who have claims for pensions, 
back pay, bounties, or other compensation arising dur¬ 
ing the Civil War. 

The national guard in time of peace consists, to 
quote the statute, of the commander-in-chief and staff, 
three regiments of infantry and one battalion of ar¬ 
tillery, formed into one brigade, and one medical corps. 
The brigade consists of one brigadier general and 
staff, three regiments of infantry, and one corps of 
artillery. The organization of the brigade may be 
seen in the following diagram:— 

f 3 \ 2-3 \ 2-5 j 26-56 

Brigade -I | Battalions | Companies | Privates 

I I Corps of Artillery -{ 2 Companies 

t I Company of Engineers 

In time of war the commander-in-chief has power to 
increase the force, and to organize and equip it as the 
exigencies of the case may require. 

Enlistments in the national guard are made for a 
period of three years. The recruits sign a muster- 
roll and an enlistment paper, the latter containing an 
oath of allegiance to the State and the United States. 
Reenlistments may be made for a shorter term. Each 
year the various companies are mobilized at some 
convenient point for regimental or brigade manoeuvres. 
At such times the privates receive a compensation of 
$1.50 per day. From this is deducted the sum of 
fifty cents for sustenance, but the State furnishes food, 
transportation, and tents. The officers receive a 
higher compensation, the maximum being $2.25 per 
day. In actual service, so long as they are under the 


The Naval Reserve 


171 

authority of the State, the pay of privates is $2.00 per 
day, while the officers receive the same compensation 
as officers of similar rank in the army of the United 
States. 

The military code provides a series of courts for 
the trial of charges and offences against military law 
and custom. These courts are:— 

(1) Courts of inquiry 

(2) General courts martial 

(3) Regimental courts martial 

/ N c i. ( Field officers' courts 

(4) Summary courts 4 ^ 

[ {0) Company courts 

Before these courts the charges must be brought in 
writing with specifications, which must be approved 
by a different commanding officer for each court. If 
approved then follows arrest, summons, and pro¬ 
cedure to trial and finally the verdict and sentence.^ 
These and other regulations are seemingly necessary 
for the discipline of large bodies of men. 

The expenses of the national guard are largely met 
by the State. The arms, uniforms, accoutrements, 
and ammunition are provided from this source. The 
erection, leasing, or renting of armories for troops is 
a municipal matter, and rests with the city councils. 

70. The Naval Reserve 

The legislature of 1899 authorized the formation of 
eight divisions of the naval reserve. These are to be 
divided into two crews, known as the first and second 


Military 

courts. 


Expenses. 


Naval 

reserve. 


^Revised Laws, 1905, §§ 1097-1139. 


172 


The Naval Reserves 


Organiza¬ 

tion. 


crews of the naval reserve of Minnesota. The naval 
reserve is commanded by an officer appointed and 
commissioned by the governor. Each ship’s crew is 
commanded by a lieutenant-commander appointed and 
commissioned in the same way. 

The organization of the reserve conforms to the 
provisions of the laws of the United States and the 
system of discipline used in the United States navy. 
No appropriation was made for the organization; the 
State relies upon the Federal Government to supply 
the equipment and the instruction. The naval re¬ 
serve, as the militia, is under the command of the 
governor, and may be called into active service in 
time of war, riot, or insurrection. 


APPENDIX 


A. GOVERNORS OF MINNESOTA 
Territorial 

Alexander Ramsey.1849-1853 

Willis A. Gorman.1853-1857 

Samuel Medary.1857-1858 

State 

Henry H. Sibley.1858-1860 

Alexander Ramsey.1860-1864 

Stephen Miller.1864-1866 

William R. Marshall.1866-1870 

Horace Austin.1870-1874 

Cushman K. Davis.1874-1876 

John S. Pillsbury.1876-1882 

Lucius F. Hubbard.1882-1887 

Andrew R. McGill.1887-1889 

William R. Merriam.1889-1892 

Knute Nelson.1892-1895 

David M. Clough.1895-1899 

John Lind.1899-1901 

Samuel R. Van Sant.1901-1905 

John A. Johnston.1905- 


*73 





















174 


Appendix 


B. MEMBERS OF THE FIRST LEGISLATURE OF 
MINNESOTA 


[For membership list of the second and third legislatures see Neill, History oj 
Minnesota, 546-564.] 


Met September 3, 1849, Central House, St. Paul 



No. 9f 
District 

Councillors 


James S. Norris . 

I 

Samuel Burkleo . 

2 

W. II. Forbes . . 

3 

James McC. Boal. 

3 

D. B. Loomis . . 

4 

John Rollins . . 

5 

David Olmstead . 

6 

William Sturges . 

6 

Martin McLeod . 

7 

Representatives 


J. W. Furber . . 

I 

James Wells . . 

I 

M. S. Wilkinson . 

2 

Sylvanus Trask 

2 

M. Black . . . 

2 

B. W. Brunson 

3 

Henry Jackson 

3 

J. J, Dewey . . 

3 

P. K. Johnson . . 

3 

H. F. Setzer . . 

4 

W. R. Marshall . 

5 

William Dugas 

5 

Jeremiah Russell . 

6 

L. A. Babcock 

6 

Thomas Holmes . 

6 

Allen Morrison 

6 

Alexis Bailey . . 

7 

Gideon H. Pond . 

7 


Residence 


Cottage Grove . . 

Stillwater . . . . 

St. Paul . . . . 

St, Paul . . . . 

Marine Mills . . . 

Falls of St. Anthony 
Long Prairie . . 

Elk River . . . . 

Lac qui Parle . . 

Cottage Grove . . 

Lake Pepin . . . 

Stillwater . . . . 

Stillwater . . . . 

Stillwater . . . . 

St. Paul . . . . 

St. Paul . . . . 

St. Paul . . . . 

St. Paul . . . . 

Snake River . . . 

St. Anthony . . . 

Little Canada . . 

Crow Wing . . . 

Sauk Rapids . . . 

Sauk Rapids . . . 


Mendota . 
Oak Grove 


Age 

Place of Birth 

38 

Maine. 

45 

Delaware. 

38 

Montreal. 

38 

Pennsylvania. 

32 

Connecticut. 

41 

Maine. 

27 

Vermont. 

28 

Upper Canada. 

36 

Montreal. 

36 

New Hampshire. 

46 

New Jersey. 

30 

New York. 


New York. 

— 

Ohio. 

25 

Michigan. 

42 

Virginia, 

— 

New York. 

— 

Vermont. 

25 

Missouri. 

37 

Lower Canada. 

29 

Vermont, 

44 

Pennsylvania. 

— 

— 

50 

Michigan. 

39 

Connecticut.* 


— House Journal, 1849 . 























Appendix 


175 


C. POPULATION OF MINNESOTA IN 1849 


County Seats 

Counties 

Males 

Females 

Vote 

for 

Dele¬ 

gate 

St. Paul . . . 

Ramsey . . . 

976 

564 

273 

Stillwater . . . 

Washington. . 

821 

291 

213 

Sauk Rapids . . 

Benton . . . 

249 

108 

18 

Mendota . . . 

Dakota . . . 

301 

167 

75 

— 

Wahnatah . . 

344 

182 

70 

Wabasha . . . 

Wabasha. . . 

246 

84 

33 

Pembina . . . 

Pembina . . . 

295 

342 

— 


Itasca .... 

21 

9 

— 


Mankato . . . 

— 

— 

— 



3253 

1687 

682 



ON 

00 





4940 




First census, 1849, August, showing vote for delegate also. 





















1^6 Appendix 






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Appendix 


177 


I I I I I I I I I I I I I I I I I M I I I M 



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Population by Counties in Ten Census Years. — Concluded 


17 % 


Appendix 



1 

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Sibley. 16,862 1 16,436 t 15,199 I 13,126 1 10,637 I 8,884 


Appendix 


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i8o Appendix 

POPULATION 

From State Census, 1905 

The population of Minnesota as of date June i, I 90 S> L 
1,979,912, an increase of 228,518 in the past five years, or 13 
per cent, and an increase of ^05,293 during the decade from 
1895 to 1995, or a growth of 25.7 per cent. The increase in 
the popuation of the State for the past five years exceeds by 
51,743 the increase in the population of the State from 1895 
to 1900. The total white population is 1,963,658, while the 
Indian population for the entire State, including all Reserva¬ 
tions and scattering bands and settlements of Indians in all 
parts of the State is 10,920. The number of negroes in the 
State is 5,113, an increase of 4,702 in the last forty years. 
According to the federal census of i860 there were 259 “free 
colored” persons, and by 1865 this number had been increased 
to 411. There are 171 Chinese and 50 Japanese in the State. 
According to sex, the population tables show 1,060,412 males 
and 909,275 females, the males outnumbering the females by 
I 5 IT 37 - The totals are exclusive of Indians on Reservations. 

The counties showing an increase from 1895 to 1905 and 
also from 1890 to 1900, with the percentage of increase under 
classified groups are shown on the following pages. 

The total number of people residing in cities and villages 
in Minnesota according to the present census is, 1,048,922, or 
fifty-three per cent, of the entire population of the State. Ten 
years ago the urban population of the State was 741,184, or 
about forty-eight per cent, of the population of the whole State 
at that time. Ten years ago the population of Minneapolis, 
St. Paul, and Duluth was fifty-three per cent of the urban 
population of the State, while the figures of the present census 
show the three big cities to have yielded a trifle in the urban 
growth for the smaller cities of the State, the population of 
the three cities this year being about half of the urban popula¬ 
tion of the State. The increase in urban population of the State 
has been thirty-eight per cent, in the last ten years while rural 
population has made an increase of only 14.5 per cent. Ten 
years ago there were 366 cities and villages in the State, while 
the census this year shows returns from 610 cities and villages, 
an increase of 244 cities and villages in the last decade. These 
cities and villages have sprung up all over the State, almost 
all counties showing a few new villages in the last ten years. 
Railroad construction and the natural desires of man to traffic, 
together with the powerful forces of industry and commerce 
have created the new marts. In many of the older settled 
portions of the State are to be found many new villages. 


. NATIVITY OF POPULATION OF MINNESOTA—CENSUS, 1905. 


Appendix 


181 


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Anoka. 

Becker. 

Beltrami. 

Benton. 

Big Stone.... 
Blue Earth. . 

Brown . 

Carlton . 

Carver . 

Cass . 

Chippewa.. .. 

Chisago . 

Clay . 

Clearwater .. 

Cook . 

Cottonwood.. 
Crow Wing. . 

Dakota . 

Dodge . 

Douglas . 

Faribault .... 

Fillmore . 

Freeborn . 

Goodhue . 

Grant. ..... 
Hennepin.. .. 
Houston. .. 
Hubbard .... 
Isanti . 





























































































. NATIVITY OF POPULATION OF MINNESOTA—CENSUS, igos—Continued. 


182 'Appendix 


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COUNTIES 

Itasca. 

Jackson. 

Kanabec. 

Kandiyohi... 

Kittson. 

Lac qui Parle 

Lake. . 

Le Sueur.... 

Lincoln . 

Lyon .... 

McLeod . 

Marshall . 

Martin . 

Meeker . 

MilleLacs... 
Morrison .... 

Mower . 

Murray . 

Nicollet . 

Nobles . 

Norman . 

Olmsted . 

Otter 'Tail.... 

Pine . 

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Polk . 

Pope . 

Ramsey . 

Red Lake.... 
Redwood .... 

Renville . 

Rice . 





























































































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184 


Appeiidix 


F. GROWTH OF CITIES IN MINNESOTA 

1890-1900 


Cities 


Minneapolis . . 

St. Paul . . . 

Duluth .... 
Winona . . . 

Stillwater . . . 

Mankato . . . 

St. Cloud . . . 

Faribault . . . 

Red Wing. . . 

Brainerd . . . 

Rochester . . . 

Fergus Falls . . 

Little Falls . . 

Owatonna . . . 

Austin .... 
New Ulm . . . 

Crookston. . . 

Albert Lea . . 

St. Peter . . . 

Hastings . . . 

Anoka .... 
Moorhead. . . 

Ely. 

Willmar . . . 

Two Harbors. . 

Northfield . . . 

Waseca. . . . 

Cloquet. . . . 

Fairmont . , . 

Virginia . . . 

Blue Earth City . 


1900 


202,718 

163,632 

52,929 

19,714 

12,318 

10,599 

8,663 

7,868 

7,525 

7.524 

6,843 

6,072 

5,774 

5,561 

5.474 

5.403 

5.359 

4,500 

4,302 

3,811 

3,769 

3.730 

3.712 

3.409 

3.278 

3.210 

3.103 

3.074 

3.040 

2,962 

2,900 


1890 


164,738 

133,156 

33,115 

18,208 

11,260 

8,838 

7,686 

6,520 

6,294 

5.703 

5.321 

3.772 

2,354 

3.849 

3.901 

3.741 

3.457 

3.305 

3.671 

3.705 

4.252 

2,088 

901 

1,825 

2,659 

2,482 

2.530 

1,205 

1.569 


Increase 


37.980 

30,476 

19.814 

1,506 

1,058 

1,761 

977 

1,348 

1,231 

1,801 

1,522 

2,300 

3.420 

1,712 

1.573 

1,662 

1,902 

1,195 

631 

106 

-483 

1,642 

2,811 

1,584 

551 

621 

544 

1.835 

1,331 


Per cent 
Increase 


23,05 

22.8 

59.8 
8.2 
9.04 

19.9 
12.0 
20.6 

19.6 

31-9 

28.6 

60.9 
104.5 
44.4 

40.3 

44.4 

55-0 

36.1 

17.1 

2.9 

I11.3 

78.6 
3 II -9 

86.7 

20.7 

20.5 

21.5 
105.2 

84.8 


1 Loss. 




















Appendix 


185 


Cities 

1900 

1890 

Increase 

Per cent 
Increase 

Lake City . . 



2,744 

2,128 

616 

20.9 

Alexandria . 


• • 

2,681 

2,118 

563 

20.5 

St. James . . 


• • 

2,607 

939 

1,668 

177.6 

Pipestone . . 



2,536 

1,223 

1,313 

100.7 

Wabasha . . 



2,528 

2,487 

41 

1.6 

Hutchinson . 



2,495 

1,414 

1,081 

76.4 

Hibbing . . 



2,481 

— 

— 

— 

Worthington . 



2,386 

1,164 

1,222 

100.4 

South St. Paul 



2,322 

2,242 

80 

3-5 

Litchfield . . 



2,280 

1,899 

381 

20.0 

Luverne . . 



2,223 

1,466 

757 

51.6 

Sauk Centre . 



2,220 

1,695 

525 

30.0 

Bemidji . . 



2,183 

— 

— 

— 

Chaska . . . 



2,165 

2,210 

-45 

12.03 

Montevideo . 



2,146 

1,437 

709 

49-3 

Marshall . . 



2,088 

1,203 

885 

73-5 

East Grand Forks 


2,077 

795 

1,282 

106.1 

Detroit . . . 



2,060 

1,510 

550 

364 

Shakopee . . 



2,047 

L 757 

290 

16.4 

Sleepy Eye . 



2,046 

1,513 

533 

35-2 

Wells . . . 



2,017 

1,208 

809 

66.9 


1 Loss. 
















Appendix 


186 


G. AN ACT TO ESTABLISH THE TERRITORIAL 
GOVERNMENT OF MINNESOTA 


{Passed March j, i84g\ 


Section i. Be it enacted by the Senate and House of Repre¬ 
sentatives of the United States of America in Congress assembled^ 
That from and after the passage of this act, all that part of the 
territory of the United States which lies within the following 
limits, to wit: Beginning in the Mississippi river, at the point 
where the line of forty-three degrees and thirty minutes of north 
latitude crosses the same; thence running due west on said line, 
which is the northern boundary of the State of Iowa, to the 
northwest corner of the said State of Iowa; thence southerly 
along the western boundary of said state to the point where said 
boundary strikes the Missouri river; thence up the middle of the 
main channel of the Missouri river to the mouth of White Earth 
river; thence up the middle of the main channel of the White 
Earth river to the boundary line between the possessions of the 
United States and Great Britain; thence east and south of east 
along the boundary line between the possessions of the United 
States and Great Britain to Lake Superior; thence in a straight 
line to the northernmost point of the State of Wisconsin in Lake 
Superior; thence along the western boundary line of said State 
of Wisconsin to the Mississippi river; thence down the main 
channel of said river to the place of beginning, be and the same 
is hereby erected into a temporary government by the name of 
the Territory of Minnesota; provide 4 ’, that nothing in this act 
contained shall be construed to inhibit the government of the 
United States from dividing said territory into two or more ter¬ 
ritories, in such manner and at such times as Congress shall 
deem convenient and proper, or from attaching any portion of 
said Territory to any other State or territory of the United 
States. 

Sec. 2. And be it further enacted^ That the executive power 
and authority in and over said Territory of Minnesota shall be 




Appendix 


187 


vested in a governor, who shall hold his office for four years, and 
until his successor shall be appointed and qualified, unless sooner 
removed by the president of the United States. The governor 
shall reside within said Territory; shall be commander-in-chief 
of the militia thereof; shall perform the duties and receive the 
emoluments of superintendent of Indian affairs. He may grant 
pardons for offences against the laws of said Territory, and 
reprieves for offences against the laws of the United States until 
the decision of the president can be made known thereon; he 
shall commission all officers who shall be appointed to office 
under the laws of the said Territory, and shall take care that the 
laws be faithfully executed. 

Sec. 3. And be it further enacted^ That there shall be a 
secretary of said Territory, who shall reside therein, and hold his 
office for four years, unless sooner removed by the president of 
the United States; he shall record and preserve all the laws and 
proceedings of the legislative assembly hereinafter constituted, 
and all the acts and proceedings of the governor in his executive 
department; he shall transmit one copy of the laws and one copy 
of the executive proceedings, on or before the first day of Decem¬ 
ber in each year, to the president of the United States, and at the 
same time two copies of the laws to the speaker of the house of 
representatives, and the president of the senate, for the use 
of Congress. And in case of the death, removal, resignation, or 
necessary absence of the governor from the Territory, the secre¬ 
tary shall be and he is hereby authorized and required to execute 
and perform all the powers and the duties of the governor during 
such vacancy or necessary absence, or until another governor 
shall be duly appointed to fill such vacancy. 

Sec. 4. And be it further e^iacted, That the legislative power 
and authority of said Territory shall be vested in the governor 
and a legislative assembly. The legislative assembly shall con¬ 
sist of a council and house of representatives. The council shall 
consist of nine members having the qualifications of voters, as 
hereinafter prescribed, whose term of service shall continue two 
years. The house of representatives shall, at its first session, 
consist of eighteen members, possessing the same qualifications 
as prescribed for members of the council, and whose term of 
service shall continue one year. The number of councillors and 


i88 


Appendix 


representatives may be increased by the legislative assembly, 
from time to time, in proportion to the increase of population; 
provided^ that the whole number shall never exceed fifteen 
councillors and thirty-nine representatives. An apportionment 
shall be made, as nearly equal as practicable, among the several 
counties or districts for the election of the council and represen¬ 
tatives, giving to each section of the Territory representation in 
the ratio of its population, Indians excepted, as nearly as may be. 
And the members of the council and of the house of represen¬ 
tatives shall reside in and be inhabitants of the districts for which 
they may be elected, respectively. Previous to the first election, 
the governor shall cause a census or enumeration of the inhab¬ 
itants of the several counties and districts of the Territory to be 
taken, and the first election shall be held at such time and places 
and be conducted in such manner as the governor shall appoint 
and direct; and he shall, at the same time, declare the number 
of members of the council and house of representatives to 
which each of the counties and districts shall be entitled under 
this act. 

The number of persons authorized to be elected having the 
highest number of votes, in each of said council districts for 
members of the council, shall be declared by the governor to be 
duly elected to the council, and the person or persons authorized 
to be elected, having the greatest number of votes for the house 
of representatives, equal to the number to which each county or 
district shall be entitled, shall also be declared by the governor 
to be duly elected members of the house of representatives; 
provided^ that in case of a tie between two or more persons 
voted for, the governor shall order a new election to supply the 
vacancy made by such tie. And the persons thus elected to 
the legislative assembly shall meet at such place on such day as 
the governor shall appoint, but thereafter the time, place, and 
manner of holding and conducting all elections by the people, and 
the apportioning of the representation in the several counties or 
districts to the council and house of representatives, according to 
the population, shall be prescribed by law, as well as the day of 
the commencement of the regular session of the legislative 
assembly; p 7 'omded^ that no one session shall exceed the term 
of sixty days. 


Appefidix 


189 


Sec. 5. And be it further enacted^ That every free white male 
inhabitant above the age of twenty-one years, who shall have 
been a resident of said Territory at the time of the passage of this 
act, shall be entitled to vote at the first election, and shall be 
eligible to any office within the said Territory; but the qualifi¬ 
cations of voters and of holding office at all subsequent elections 
shall be such as shall be prescribed by the legislative assembly; 
provided^ that the right of suffrage and of holding office shall be 
exercised only by citizens of the United States and those who 
shall have declared on oath their intention to become such, and 
shall have taken an oath to support the Constitution of the United 
States and the provisions of this act. 

Sec. 6. And be it further enacted^ That the legislative power 
of the Territory shall extend to all rightful subjects of legislation, 
consistent with the Constitution of the United States and the 
provisions of this act; but no law shall be passed interfering with 
the primary disposal of the soil; no tax shall be imposed upon 
the property of the United States; nor shall the lands or other 
property of non-residents be taxed higher than the lands or other 
property of residents. All the laws passed by the legislative 
assembly and governor shall be submitted to the Congress of the 
United States, and if disapproved shall be null and void and of 
no effect. 

Sec. 7. Atid be it further enacted^ That all township, district, 
and county officers, not herein otherwise provided for, shall be 
appointed or elected, as the case may be, in such manner as shall 
be provided by the governor and legislative assembly of the 
Territory of Minnesota. The governor shall nominate and, by 
and with the advice and consent of the legislative council, appoint 
all officers not herein otherwise provided for, and, in the first 
instance, the governor alone may appoint all said officers, who 
shall hold their offices until the end of the next session of the 
legislative assembly. 

Sec. 8. And be it further enacted^ That no member of the 
legislative assembly shall hold or be appointed to any office which 
shall have been created, or the salary or emoluments of which shall 
have been increased, while he was a member, during the term for 
which he was elected, and for one year after the expiration of 
such term; and no person holding a commission or appointment 


Appendix 


190 

under the United States, except postmasters, shall be a member 
of the legislative assembly, or shall hold any office under the 
government of said Territory. 

Sec. 9. And be it further enacted^ That the judicial power of 
said Territory shall be vested in a supreme court, district courts, 
probate courts, and in justices of the peace. The supreme court 
shall consist of a chief justice and two associate justices, any two 
of whom shall constitute a quorum, and who shall hold a term at 
the seat of government of said Territory annually; and they shall 
hold their offices during the period of four years. The said 
Territory shall be divided into three judicial districts, and a dis¬ 
trict court shall be held in each of said districts by one of the 
justices of the supreme court, at such time and places as may be 
prescribed by law; and the said judges shall, after their appoint¬ 
ment, respectively, reside in the districts which shall be assigned 
them. The jurisdiction of the several courts herein provided for, 
both appellate and original, and that of probate courts and justices 
of the peace, shall be as limited by law; provided^ that the 
justices of the peace shall not have jurisdiction of any matter in 
controversy when the title or boundaries of land may be in dispute, 
or where the debt or sum claimed shall exceed one hundred 
dollars; and the said supreme and district courts, respectively, 
shall possess chancery as well as common law jurisdiction. Each 
district court, or the judges thereof, shall appoint its clerk, who 
shall also be the register in chancery, and shall keep his office at 
the place where the court may be held. Writs of error, bills of 
exception, and appeals shall be allowed in all cases from the final 
decisions of said district courts to the supreme court, under such 
regulations as may be prescribed by law, but in no case removed 
to the supreme court shall trial by jury be allowed in said court. 
The supreme court, or the justices thereof, shall appoint its own 
clerk, and every clerk shall hold his office at the pleasure of the 
court for which he shall have been appointed. Writs of error 
and appeals from the final decisions of said supreme court shall 
be allowed, and may be taken to the supreme court of the United 
States, in the same manner and under the same regulations as 
from the circuit courts of the United States, where the value of 
the property or the amount in controversy, to be ascertained by 
the oath or affirmation of either party, or other competent witness, 


Appendix 


191 

shall exceed one thousand dollars; and each of the said district 
courts shall have and exercise the same jurisdiction in all cases 
arising under the Constitution and laws of the United States, as 
is vested in the circuit and district courts of the United States; 
and the first six days of every term of said courts, or so much 
thereof as shall be necessary, shall be appropriated to the trial of 
causes arising under the said Constitution and laws; and writs 
of error and appeal in all such cases shall be made to the supreme 
court of said Territory, the same as in other cases. The said 
clerk shall receive in all such cases the same fees which the clerks 
of the district courts of the late Wisconsin Territory received for 
similar services. 

Sec. 10. And be it further enacted^ That there shall be ap¬ 
pointed an attorney for said Territory, who shall continue in 
office for four years, unless sooner removed by the president, and 
who shall receive the same fees and salary as the attorney of the 
United States for the late Territory of Wisconsin received. 
There shall also be a marshal for the Territory appointed, who 
shall hold his office for four years, unless sooner removed by the 
president, and who shall execute all processes issuing from the 
said courts, when exercising their jurisdiction as circuit and dis¬ 
trict courts of the United States; he shall perform the duties, be 
subject to the same regulations and penalties, and be entitled to 
the same fees as the marshal of the district court of the United 
States for the late Territory of Wisconsin ; and shall, in addition, 
be paid two hundred dollars annually as a compensation for extra 
services. 

Sec. II. And be it further enacted^ That the governor, secre¬ 
tary, chief justice and associate justices, attorney and marshal, 
shall be nominated and, by and with the advice and consent of 
the senate, appointed by the president of the United States. The 
governor and secretary to be appointed as aforesaid, shall, before 
they act as such, respectively, take an oath or affirmation, before 
the district judge, or some justice of the peace in the limits of 
said Territory, duly authorized to administer oaths and affirma¬ 
tions by the laws now in force therein, or before the chief justice, 
or some associate justice of the supreme court of the United 
States, to support the Constitution of the United States, and 
faithfully to discharge the duties of their respective offices, which 


192 


Appendix 


said oaths, when so taken, shall be certified by the person by 
whom the same shall have been taken, and such certificates shall 
be received and recorded by the said secretary among the ex¬ 
ecutive proceedings; and the chief justice and associate justices, 
and all other civil officers in said Territory, before they act as 
such, shall take a like oath or affirmation, before the said governor 
or secretary, or some judge or justice of the peace of the Territory, 
who may be duly commissioned and qualified; which said oath 
or affirmation shall be certified and transmitted, by the person 
taking the same, to the secretary, to be by him recorded as afore¬ 
said ; and afterwards, the like oath or affirmation shall be taken, 
certified and recorded in such manner and form as may be pre¬ 
scribed by law. The governor shall receive an annual salary of 
$1,500 as governor, and $1,000 as superintendent of Indian affairs. 
The chief justice and associate justice shall each receive an annual 
salary of $1,800. The secretary shall receive an annual salary 
of $1,800. The said salaries shall be paid quarter-yearly, at the 
treasury of the United States. The members of the legislative 
assembly shall be entitled to receive three dollars each per day 
during their attendance at the sessions thereof, and three dollars 
each for every twenty miles traveled in going to and returning 
from the said sessions, estimated according to the nearest usually 
travelled route. There shall be appropriated, annually, the sum 
of $1,000, to be expended by the governor to defray the contingent 
expenses of the Territory: and there shall also be appropriated, 
annually, a sufficient sum to be expended by the secretary of the 
Territory, and upon an estimate to be made by the secretary of 
the treasury of the United States, to defray the expenses of the 
legislative assembly, the printing of the laws, and other incidental 
expenses, and the secretary of the Territory shall annually account 
to the secretary of the treasury of the United States for the man¬ 
ner in which the aforesaid sum shall have been expended. 

Sec. 12. And be it further enacted^ That the inhabitants of the 
said Territory shall be entitled to all the rights, privileges, and 
immunities heretofore granted and secured to the Territory of 
Wisconsin and to its inhabitants; and the laws in force in the 
Territory of Wisconsin at the date of the admission of the State 
of Wisconsin shall continue to be valid and operative therein, so 
far as the same be not incompatible with the provisions of this 


Appendix 


193 


act, subject, nevertheless, to be altered, modified, or repealed by 
the governor and legislative assembly of the said Territory of 
Minnesota ; and the laws of the United States are hereby extended 
over, and declared to be in force in said Territory, so far as the 
same, or any provision thereof, may be applicable. 

Sec. 13. Atid be it further euactef That the legislative 
assembly of the Territory of Minnesota shall hold its first 
session in St. Paul; and at said first session the governor and 
legislative assembly shall locate and establish a temporary seat 
of government for said Territory, at such place as they may deem 
eligible ; and shall at such time as they shall see proper prescribe 
by law the manner of locating the permanent seat of government 
of said Territory by a vote of the people. And the sum of twenty 
thousand dollars, out of any money in the treasury not otherwise 
appropriated, is hereby appropriated and granted to said Territory 
of Minnesota, to be applied by the governor and legislative 
assembly to the erection of suitable public buildings at the seat 
of government. 

Sec. 14. And he it further enacted^ That a delegate to the 
house of representatives of the United States, to serve for the 
term of two years, may be elected by the voters qualified to elect 
members of the legislative assembly, who shall be entitled to the 
same rights and privileges as are exercised and enjoyed by the 
delegates from the several other territories of the United States 
to the said house of representatives. The first election shall be 
held at such times and places and be conducted in such manner 
as the governor shall appoint and direct; and at all subsequent 
elections the times, places, and manner of holding the elections 
shall be prescribed by law. The person having the greatest 
number of votes shall be declared by the governor to be duly 
elected, and a certificate thereof shall be given accordingly. 

Sec. 15. And be it further enacted^ That all suits, process, and 
proceedings, civil and criminal, at law or in chancery, and all 
indictments and informations, which shall be pending and unde¬ 
termined in the courts of the Territory of Wisconsin, within the 
limits of said Territory of Minnesota, when this act shall take 
effect, shall be transferred to be heard, tried, prosecuted, and 
determined in the district courts hereby established, which may 
include the counties or districts where any such proceeding may be 


o 


194 


Appendix 


pending. All bonds, recognizances, and obligations of every 
kind whatsoever, valid under the existing laws, within the limits 
of said Territory, shall be valid under this act; and all crimes and 
misdemeanors against the laws, in force wdthin said limits, may 
be prosecuted, tried, and punished in the courts established by 
this act; and all penalties, forfeitures, actions, and causes of 
action may be recovered under this act the same as they would 
have been under the laws in force within the limits composing 
said Territory at the time this act shall go into operation. 

Sec. 1 6 . A 7 id be it further enacted^ That all justices of the 
peace, constables, sheriffs, and all other judicial and ministerial 
officers, who shall be in office within the limits of said Territory 
when this act shall take effect, shall be and they are hereby 
authorized and required to continue to exercise and perform the 
duties of their respective offices as officers of the Territory of 
Minnesota, temporarily, and until they or others shall be duly 
appointed and qualified to fill their places, in the manner herein 
directed, or until their offices shall be abolished. 

Sec. 17. Ajtd be it further enacted^ That the sum of $5,000 
be and the same is hereby appropriated out of any moneys in the 
treasury not otherwise appropriated, to be expended by and under 
the direction of the said governor of the Territory of Minnesota, 
in the purchase of a library, to be kept at the seat of government 
for the use of the governor, legislative assembly, judges of the 
supreme court, secretary, marshal, and attorneys of said Territory, 
and such other persons and under such regulations as shall be 
prescribed by law. 

Sec. 18. Aud be it further enacted^ That when the lands in 
said Territory shall be surveyed under the direction of the govern¬ 
ment of the United States, preparatory to bringing the same into 
market, sections numbered sixteen and thirty-six in each town¬ 
ship in said Territory shall be and the same are hereby reserved 
for the purpose of being applied to schools in said Territory, and 
in the State and Territories hereafter to be erected out of the same. 

Sec. 19. Aud be it further etiacted^ That temporarily, and 
until otherwise provided by law, the governor of said Territory 
may define the judicial districts of said Territory, and assign the 
judges who may be appointed for said Territory to the several 
districts, and also appoint the times and places for holding courts 


Appendix 


195 


in the several counties or subdivisions in each of said judicial dis¬ 
tricts, by proclamation to be issued by him; but the legislative 
assembly, at their first or any subsequent session, may organize, 
alter, or modify such judicial districts, and assign the judges, and 
alter the times and places of holding the courts, as to them shall 
seem proper and convenient. 

Sec. 20. And be it further enacted^ That every bill which shall 
or may pass the council and house of representatives, shall, before 
it becomes a la\v, be presented to the governor of the Territory; 
if he approve, he shall sign it; but if not, he shall return it, with 
his objections, to the house in which it originated; which shall 
cause the objections to be entered at large upon their journal, 
and proceed to reconsider it. If, after such reconsideration, two- 
thirds of that house shall agree to pass the bill, it shall be sent, 
together with the objections, to the other house, by which it shall 
also be reconsidered, and if approved by two-thirds of that house 
it shall become a law; but in all such cases the votes of both 
houses shall be determined by yeas and nays, and the names of 
the persons voting for or against the bill shall be entered on the 
journal of each house, respectively. If any bill shall not be 
returned by the governor within three days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law 
in like manner as if he had signed it, unless the legislative 
assembly, by adjournment, prevent it; in which case it shall not 
become a law. 


196 


Appendix 


H. THE ENABLING ACT OF MINNESOTA 1 


[Passed Feb. 26, 


Section i. Be it enacted by the Senate and House of 
Reprcse 7 itatives of the United States of A^nerica^ in Congress 
assembled, That the inhabitants of that portion of the Territory 
of Minnesota which is embraced within the following limits, 
to-wit: Beginning at the point in the centre of the main channel 
of the Red River of the North, where the boundary line between 
the United States and the British Possessions crosses the same; 
thence up the main channel of said river to that of the Bois de 
Sioux river; thence up the main channel of said river to Lake 
Traverse; thence up the centre of said lake to the southern 
extremity thereof; thence in a direct line to the head of Big 
Stone lake ; thence through its centre to its outlet; thence by a 
due south line to the north of the State of Iowa; thence along 
the northern boundary of said State to the main channel of the 
Mississippi river; thence up the main channel of said river, and 
following the boundary line of the State of Wisconsin, until the 
same intersects with the St. Louis river; thence down the said 
river to and through Lake Superior, on the boundary line of Wis¬ 
consin and Michigan, until it intersects the dividing line between 
the United States and the British Possessions ; thence up Pigeon 
river and following said dividing line to the place of beginning, 
be and they hereby are authorized to form for themselves a 
constitution and State government by the name of the State of 
Minnesota, and to come into the Union on an equal footing with 
the original States, according to the Federal Constitution. 

Sec. 2. And be it further enacted, That the State of Minnesota 
shall have concurrent jurisdiction on the Mississippi and all other 
rivers and waters bordering on the said State of Minnesota, so 
far as the same shall form a common boundary to said State and 
any State or States now or hereafter to be formed or bounded by 

1 One of the first steps in the admission of a new State to the Union is the enact¬ 
ment by Congress of an act authorizing the people of the Territory to form a State 
government. Such an act is technically known as an enabling act. 




Appe^idix 


197 


the same ; and said river or waters leading into the same shall be 
common highways, and forever free, as well to the inhabitants of 
said State as to all other citizens of the United States, without 
any tax, duty, impost, or toll therefor. 

Sec. 3. And be it further e 7 iacted^ That on the first Monday 
in June next, the legal voters in each representative district then 
existing within the limits of the proposed State, are hereby 
authorized to elect two delegates for each representative to which 
said district shall be entitled according to the apportionment for 
representatives to the Territorial legislature; which election for 
delegates shall be held and conducted, and the returns made, in 
all respects in conformity with the laws of said Territory reg¬ 
ulating the election of representatives, and the delegates so 
elected shall assemble at the capital of said Territory on the 
second Monday in June next, and first determine by a vote 
whether it is the wish of the people of the proposed State to be 
admitted into the Union at that time; and if so, shall proceed to 
form a constitution, and take all necessary steps for the establish¬ 
ment of a State government, in conformity with the Federal 
Constitution, subject to the approval and ratification of the 
people of the proposed State. 

Sec. 4. A 7 id be it further enacted^ That in the event said 
convention shall decide in favor of the immediate admission of 
the proposed State into the Union, it shall be the duty of the 
United States marshal for said Territory to proceed to take a 
census or enumeration of the inhabitants within the limits of the 
proposed State, under such rules and regulations as shall be pre¬ 
scribed by the secretary of the interior, with the view of ascer¬ 
taining the number of representatives to which said State may be 
entitled in the Congress of the United States. And said State 
shall be entitled to one representative, and such additional repre¬ 
sentatives as the population of the State shall, according to the 
census, show it would be entitled to according to the present ratio 
of representation. 

Sec. 5. A7tdbe it further e 7 iacted. That the following proposi¬ 
tions be and the same are hereby offered to the .said convention 
of the people of Minnesota for their free acceptance or rejection, 
which, if accepted by the convention, shall be obligatory on the 
United States, and upon the said State of Minnesota, to-wit: 


198 


Appendix 


first — That sections numbered sixteen and thirty-six in every 
township of public lands in said State, and where either of said 
sections, or any part thereof, has been sold or otherwise disposed 
of, other lands, equivalent thereto, and as contiguous as may be, 
shall be granted to said State for the use of schools. 

Second — That seventy-two sections of land shall be set apart 
and reserved for the use and support of a State university, to be 
selected by the governor of said State, subject to the approval 
of the commissioner at the general land office, and to be appro¬ 
priated and applied in such manner as the legislature of said 
State may prescribe, for the purpose aforesaid, but for no other 
purpose. 

Third —Ten entire sections of land to be selected by the gov¬ 
ernor of said State, in legal subdivisions, shall be granted to said 
State for the purpose of completing the public buildings, or for 
the erection of others at the seat of government, under the direc¬ 
tion of the legislature thereof. 

Fourth —That all salt springs within said State, not exceeding 
twelve in number, with six sections of land adjoining or as con¬ 
tiguous as may be to each, shall be granted to said State for its 
use; and the same to be selected by the governor thereof within 
one year after the admission of said State, and, when so selected, 
to be used or disposed of on such terms, conditions, and regula¬ 
tions as the legislature shall direct; provided^ that no salt spring 
or land the right whereof is now vested in any individual or in 
individuals, or which may be hereafter confirmed or adjudged to 
any individual or individuals, shall by this article be granted to 
said State. 

Fifth — That five per centum of the net proceeds of sales of all 
public lands lying within said State, which shall be sold by Con¬ 
gress after the admission of said State into the Union, after 
deducting all the expenses incident to the same, shall be paid to 
said State for the purpose of making public roads and internal 
improvements as the legislature shall direct; provided^ the fore- 
going propositions herein offered are on the condition that the 
said convention which shall form the constitution of said State 
shall provide, by a clause in said constitution, or an ordinance, 
irrevocable without the consent of the United States, that said 
State shall never interfere with the primary disposal of the soil 


Appendix 


199 


within the same by the United States, or with any regulations 
Congress may find necessary for securing the title in said soil 
in bona fide purchasers thereof; and that no tax shall be im¬ 
posed on lands belonging to the United States, and that 
in no case shall non-resident proprietors be taxed higher than 
residents. 


200 


Appe7idix 


L AN ACT FOR THE ADMISSION OF MINNESOTA 
INTO THE UNION 


\_Pa 5 sed May ri, 


Whereas, an act of Congress was passed February twenty- 
sixth, eighteen hundred and fifty-seven, entitled “ An act to 
authorize the people of the Territory of Minnesota to form a 
constitution and State government preparatory to their admission 
into the Union on an equal footing with the original States;” 
and, whereas, the people of said Territory did, on the twenty- 
ninth day of August, eighteen hundred and fifty-seven, by dele¬ 
gates elected for that purpose, form for themselves a constitution 
and State government, which is republican in form, and was 
ratified and adopted by the people at an election held on the 
thirteenth day of October, eighteen hundred and fifty-seven, for 
that purpose; therefore. 

Be it enacted by the Senate and House of Repi'esentatives of the 
United States of America, m Congress asse?nbled, That the State 
of Minnesota shall be one, and is hereby declared to be one, of 
the United States of America, and admitted into the Union on 
an equal footing with the original States in all respects whatever. 

Sec. 2. And be it fuj'ther ejiacted, That said State shall 
be entitled to two representatives in Congress, until the next 
apportionment of representatives among the several States. 

Sec. 3. A 7 id be it further e 7 iacted, That from and after the 
admission of the State of Minnesota, as hereinbefore provided, 
all the laws of the United States which are not locally inapplicable 
shall have the same force and effect within that State as in other 
States of the Union; and the said State is hereby constituted a 
judicial district of the United States; within which a district 
court, with like powers and jurisdiction as the district court of the 
United States for the district of Iowa, shall be established; the 
judge, attorney, and marshal of the United States of the said dis¬ 
trict of Minnesota shall reside within the same, and shall be 
entitled to the same compensation as the judge, attorney, and 




Appendix 


201 


marshal of the district of Iowa; and in all cases of appeal or 
writ of error heretofore prosecuted and now pending in the 
supreme court of the United States, upon any record from the 
supreme court of Minnesota Territory, the mandate of execution 
or order of further proceedings shall be directed by the supreme 
court of the United States to the district court of the United 
States for the district of Minnesota, or to the supreme court of 
the State of Minnesota, as the nature of such appeal or writ 
of error may require; and each of those courts shall be the suc¬ 
cessor of the supreme court of Minnesota Territory, as to all such 
cases, with full power to hear and determine the same, and to 
award mesne or final process therein. 


202 


Appendix 


J. CONSTITUTION OF THE STATE OF MINNESOTA 


Adopted October rj, 185J. Ayes, jo.ojsNoes, 5-7/. 


Preamble. 


Object of 
government. 


Rights and 
privileges. 


Liberty of 
the press. 

Right of trial 
by jury. 


No excessive 
bail or 
unusual 
punishments. 


Preamble. We, the people of the State of Minnesota, grateful 
to God for our civil and religious liberty, atid desiring to per¬ 
petuate its blessings attd sectcre the same to ourselves atid our ^ 
posterity, do ordam and establish this constitutmi: 


Article I 
Bill of Rights 

Section i. Government is instituted for the security, benefit 
and protection of the people, in whom all political power is 
inherent, together with the right to alter, modify, or reform such 
government, whenever the public good may require it. 

Sec. 2.. No member of this State shall be disfranchised, or 
deprived of any of the rights or privileges secured to any citizen 
thereof, unless by the law of the land, or the judgment of his 
peers. There shall be neither slavery nor involuntary servitude 
in the State otherwise than in the punishment of crime, whereof 
the party shall have been duly convicted. 

Sec. 3. The liberty of the press shall forever remain inviolate, 
and all persons may freely speak, write, and publish their senti¬ 
ments on all subjects, being responsible for the abuse of such right. 

Sec. 4. The right of trial by jury shall remain inviolate, and 
shall extend to all cases at law without regard to the amount in 
controversy, but a jury trial may be waived by the parties in all 
cases in the manner prescribed by law; [and the legislature may 
provide that the agreement of five-sixths of any jury in any civil 
action or proceeding, after not less than six (6) hours’ delibera¬ 
tion, shall be sufficient verdict therein.] ^ 

Sec. 5. Excessive bail shall not be required, nor shall exces¬ 
sive fines be imposed; nor shall cruel or unusual punishments be 
inflicted. 


1 The clause in brackets was adopted November 4 , 1890. 




Appendix 


203 


Sec. 6. In all criminal prosecutions the accused shall enjoy 
the right to a speedy and public trial, by an impartial jury of 
the county or district wherein the crime shall have been com¬ 
mitted, which county or district shall have been previously ascer¬ 
tained by law, and to be informed of the nature and cause of the 
accusation, to be confronted with the witnesses against him, to 
have compulsory process for obtaining witnesses in his favor, 
and to have the assistance of counsel in his defence.^ 

Sec. 7. No person shall be held to answer for a criminal 
offence unless on the presentment or indictment of a grand jury, 
except in cases of impeachment, or in cases cognizable by justices 
of the peace, or arising in the army or navy, or in the militia 
when in actual service in time of war or public danger; and 
no person for the same offence shall be put twice in jeopardy 
of punishment, nor shall be compelled in any criminal case to be 
witness against himself, nor be deprived of life, liberty, or property 
without due process of law. All persons shall, before conviction, 
be bailable by sufficient sureties, except for capital offences, when 
the proof is evident or the presumption great; and the privilege of 
the writ of habeas corpus shall not be suspended, unless, when in 
cases of rebellion or invasion, the public safety may require. 

Sec. 8. Every person is entitled to a certain remedy in the 
laws for all injuries or wrongs which he may receive in his 
person, property, or character; he ought to obtain justice freely 
and without purchase ; completely and without denial; promptly 
and without delay, conformable to the laws. 

Sec. 9. Treason against the State shall consist only in levying 
war against the same, or in adhering to its enemies, giving them 
aid and comfort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt act, or on 
confession in open court. 

Sec. 10. The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated; and no warrant shall issue but 
upon probable cause, supported by oath or affirmation, and 

1 The jury contemplated by Article i, Section 6, securing the right to jury trial 
in criminal cases, is a body of twelve men, and it is error to try a party charged with 
crime in a justice court, against his objection, with a jury of six. The fact that he 
may appeal to the district court, on entering into recognizance with sureties, does 
not change the rule. 14 Minn. 330. 


Rights of 
accused in 
criminal 
prosecutions 


Further 
rights of 
accused. 


Redress of 
injuries or 
wrongs. 


Treason 

defined. 


Right against 
unreasonable 
searches. 


Prohibits 
ex post facto 
laws, or laws 
impairing 
contracts. 

Imprison¬ 
ment for 
debt. 


Property 

exemption. 


Private prop¬ 
erty for pub¬ 
lic use. 

Military 

power 

subordinate. 

Lands de¬ 
clared allo¬ 
dial. Leases, 
when void. 


Freedom of 
conscience. 


204 Appendix 

particularly describing the place to be searched, and the person 
or things to be seized. 

Sec. 11. No bill of attainder, ex post facto law, nor any law im¬ 
pairing the obligation of contracts, shall ever be passed, and no con¬ 
viction shall work corruption of blood or forfeiture of estate. 

Sec. 12. No person shall be imprisoned for debt in this 
State,^ but this shall not prevent the legislature from providing 
for imprisonment, or holding to bail, persons charged with fraud 
in contracting said debt. A reasonable amount of property shall 
be exempt from seizure or sale for the payment of any debt or 
liability. The amount of such exemption shall be determined 
by law. {Provided, however, that all property so exempted shall 
be liable to seizure and sale for any debts incurred to any person 
for work done or materials furnished in the construction, repair, 
or improvement of the same ; and, provided further, that such 
liability to seizure and sale shall also extend to all real property 
for any debt incurred to any laborer or servant for labor or 
service performed.] ^ 

Sec. 13. Private property shall not be taken, destroyed, or 
damaged for public use without just compensation therefor, first 
paid or secured.® 

Sec. 14. The military shall be subordinate to the civil power, and 
no standing army shall be kept up in this State in time of peace 

Sec. 15. All lands within the State are declared to be allodial, 
and feudal tenures of every description, with all their incidents, 
are prohibited. Leases and grants of agricultural lands for a 
longer period than twenty-one years, hereafter made, in which 
shall be reserved any rent or service of any kind, shall be void. 

Sec. 16. The enumeration of rights in this constitution shall 
not be construed to deny or impair others retained by and in¬ 
herent in the people. The right of every man to worship God 
according to the dictates of his own conscience shall never be 
infringed, nor shall any man be compelled to attend, erect, or 
support any place of worship, or to maintain any religious or 
ecclesiastical ministry, against his consent; nor shall any control 
of or interference with the rights of conscience be permitted, or 

^ 23 Minn, i; 23 Minn. 411. 

2 The clause in brackets was adopted November 6, 1888. 

3 The words “destroyed or damaged” inserted by amendment adopted Novem¬ 
ber 3, 1896. 


Appejidix 


205 


any preference be given by law to any religious establishment or 
mode of worship; but the liberty of conscience hereby secured 
shall not be so construed as to excuse acts of licentiousness, or 
justify practices inconsistent with the peace or safety of the State, 
nor shall any money be drawn from the treasury for the benefit 
of any religious societies, or religious or theological seminaries. 

Sec. 17. No religious test or amount of property shall ever 
be required as a qualification for any office of public trust under 
the State. No religious test or amount of property shall ever be 
required as a qualification of any voter at any election in this 
State; nor shall any person be rendered incompetent to give 
evidence in any court of law or equity in consequence of his 
opinion upon the subject of religion. 

Article II 
Boundaries 
[Omitted.] 

Article III 

Distribution of the Powers of Govermncnt 

Section i. The powers of government shall be divided into 
three distinct departments — legislative, executive, and judicial; 
and no person or persons belonging to or constituting one of 
these departments shall exercise any of the powers properly be¬ 
longing to either of the others, except in the instances expressly 
provided in this constitution. 

Article IV 
Legislative Department 

Section i. The legislature shall consist of the Senate and 
House of Representatives, which shall meet biennially at the 
seat of government of the State, at such time as shall be pre¬ 
scribed by law, but no session shall exceed the term of ninety 
(90) legislative days; ^ and no new bill shall be introduced in 

> February 5, 1889, the judiciary committee of the House of Representatives unani¬ 
mously reported, “ that it was clearly the purpose of the legislature which pro¬ 
posed this amendment of the Constitution to the people, and plainly the intention 
of the people themselves, when voting for its adoption, to limit the sessions of the 
legislature to ninety days, excluding only Sundays and legal holidays.” Also that 
twenty days' limitation of introduction of bills before adjournment only applied to 
the period of ninety days, and proportionately for a shorter session. 


No prefer¬ 
ence to be 
given to any 
religious 
establish¬ 
ment or 
mode of 
worship. 

No religious 
test or prop¬ 
erty qualifi¬ 
cation to be 
required. 


Division of 
powers. 


Legislature 

meets 

biennially. 

Length of 
session. 


2o6 


Appendix 


Apportion¬ 
ment of 
members. 


Eligibility of 
members. 

Quorum. 


Rules of 
government. 


Officers. 


Journal of 
proceedings. 


Length of 
adjourn¬ 
ments. 


Compensa¬ 

tion. 


either branch, except on the written request of the governor, 
during the last twenty (20) days of such sessions, except the 
attention of the legislature shall be called to some important 
matter of general interest by a special message from the governor.^ 

Sec. 2. The number of members who compose the Senate 
and House of Representatives shall be prescribed by law, but 
the representatives in the Senate shall never exceed one member 
for every 5,000 inhabitants, and in the House of Representatives 
one member for every 2,000 inhabitants. The representation 
in both houses shall be apportioned equally throughout the 
different sections of the State, in proportion to the population 
thereof, exclusive of Indians not taxable under the provisions 
of law. 

Sec, 3. Each house shall be the judge of the election returns 
and eligibility of its own members; ^ a majority of each shall 
constitute a quorum to transact business, but a smaller number 
may adjourn from day to day, and compel the attendance of 
absent members in such manner and under such penalties as it 
may provide. 

Sec. 4. Each house may determine the rules of its proceedings, 
sit upon its own adjournment, punish its members for disorderly 
behavior, and, with the concurrence of two-thirds, expel a mem¬ 
ber ; but no member shall be expelled the second time for the 
same offence. 

Sec. 5. The House of Representatives shall elect its presiding 
officer, and the Senate and House of Representatives shall elect 
such other officers as may be provided by law; they shall keep 
journals of their proceedings, and from time to time publish the 
same, and the yeas and nays, when taken on any question, shall 
be entered on such journals. 

Sec. 6. Neither house shall, during a session of the legislature, 
adjourn for more than three days (Sundays excepted), nor to any 
other place than that in which the two houses shall be assembled, 
without the consent of the other house. 

Sec. 7. The compensation of senators and representatives 
shall be three dollars per diem during the first session, but may 

^ Amendment adopted November 6, 1888. 

2 The election of a State senator or representative to Congress does not necessarily 
create a vacancy. Senate Journal, 1889, page 962, See opinion of Attorney Gen¬ 
eral Clapp. 


Appendix 


207 


afterwards be prescribed by law. ^ But no increase of compensa¬ 
tion shall be prescribed which shall take effect during the period 
for which the members of the existing House of Representatives 
may have been elected. 

Sec. 8. The members of each house shall in all cases, except 
treason, felony, and breach of the peace, be privileged from arrest 
during the session of their respective houses, and in going to or 
returning from the same. F'or any speech or debate in either 
house they shall not be questioned in any other place. 

Sec. 9. No senator or representative shall, during the time for 
which he is elected, hold any office under the authority of the 
United States or the State of Minnesota, except that of post¬ 
master, and no senator or representative shall hold an office 
under the State which has been created or the emoluments of 
which have been increased during the session of the legislature 
of which he was a member, until one year after the expiration of 
his term of office in the legislature.'^ 

Sec. 10. All bills for raising a revenue shall originate in the 
House of Representatives, but the Senate may propose and concur 
with amendments as on other bills. 

Sec. II. Every bill which shall have passed the Senate and 
House of Representatives, in conformity to the rules of each house 
and the joint rules of the two houses, shall, before it becomes a 
law, be presented to the governor of the State. If he approve, he 
shall sign and deposit it in the office of secretary of state for 
preservation, and notify the house where it originated of the fact. 
But if not, he shall return it, with his objections, to the house in 
which it shall have originated ; when such objections shall be 
entered at large on the journal of the same, and the house shall 
proceed to reconsider the bill. If, after such reconsideration, 
two-thirds of that house shall agree to pass the bill, it shall be 
sent, together with the objections, to the other house, by which 
it shall likewise be reconsidered; and if it be approved by two- 
thirds of that house it shall become a law. But in all such cases 
the votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for or against the bill shall 
be entered on the journal of each house, respectively. If any bill 
shall not be returned by the governor within three days (Sundays 

1 Made $5 per day, General Laws, 1873, ch. 113. * 27 Minn. 466. 


Privileged 
from arrest. 


Restriction 
as to holding 
office. 


Bills of 
revenue to 
originate in 
House. 
Approval of 
bills by 
governor. 


Action on 
non¬ 
approval. 


2o8 


Appendix 


Governor 
may cut out 
items of 
appropria¬ 
tion bills and 
otherwise 
approve. 


Money 
appropria¬ 
tions, how 
made. 


Majority 
vote of all 
members- 
elect to pass 
a law. 

Impeach¬ 
ment powers. 


excepted) after jt shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, unless the 
legislature, by adjournment within that time, prevents its return ; 
in which case it shall not be a law. The governor may approve, 
sign, and file in the office of the secretary of state, within three days 
after the adjournment of the legislature, any act passed during the 
last three days of the session, and the same shall become a law. 

[If any bill presented to the governor contain several items of 
appropriation of money, he may object to one or more of such 
items, while approving of the other portion of the bill. In such 
case he shall append to the bill, at the time of signing it, a state¬ 
ment of the items to which he objects, and the appropriation so 
objected to shall not take effect. If the legislature be in session, 
he shall transmit to the house in which the bill originated a copy 
of such statement, and the items objected to shall be separately 
reconsidered. If, on consideration, one or more such items be 
approved by two-thirds of the members elected to each house, 
the same shall be a part of the law, notwithstanding the objections 
of the governor. All the provisions of this section, in relation to 
bills not approved by the governor, shall apply in cases in which 
he shall withhold his approval from any item or items contained 
in a bill appropriating money.] ^ 

Sec. 12. No money shall be appropriated except by bill 
Every order, resolution, or vote requiring the concurrence of the 
two houses (except such as relate to the business or adjournment 
of the same) shall be presented to the governor for his signature, 
and, before the same shall take effect, shall be approved by him, 
or, being returned by him with his objections, shall be repassed 
by two-thirds of the members of the two houses, according to the 
rules and limitations prescribed in case of a bill. 

Sec. 13. The style of all laws of this State shall be: “Be it 
enacted by the Legislature of the State of Minnesota.” No law 
shall be passed unless voted for by a majority of all the members 
elected to each branch of the legislature, and the vote entered 
upon the journal of each house. 

Sec. 14. The House of Representatives shall have the sole 
power of impeachment, through a concurrence of a majority of all 
the members elected to seats therein. All impeachments shall 

^ This paragraph in brackets was adopted November 7, 1876. 


Appendix 


209 


be tried by the Senate; and wiien sitting for that purpose the 
senators shall be upon oath or affirmation to do justice according 
to law and evidence. No person shall be convicted without the 
concurrence of two-thirds of the members present. 

Sec. 15. The legislature shall have full power to exclude from 
the privilege of electing or being elected any person convicted of 
bribery, perjury, or any other infamous crime. 

Sec. 16. Two or more members of either house shall have 
liberty to dissent and protest against any act or resolution which 
they may think injurious to the public or to any individual, and 
have the reason of their dissent entered on the journal. 

Sec. 17. The governor shall issue writs of election to fill such 
vacancies as may occur in either house of the legislature. The 
legislature shall prescribe by law the manner in which evidence 
in cases of contested seats in either house shall be taken. 

Sec. 18. Each house may punish by imprisonment, during 
its session, any person, not a member, who shall be guilty 
of any disorderly or contemptuous behavior in their presence, 
Dut no such imprisonment shall at any time exceed twenty-four 
nours. 

Sec. 19. Each house shall be open to the public during the 
sessions thereof, except in such cases as in their opinion may 
require secrecy. 

Sec. 20. Every bill shall be read on three different days in 
each separate house, unless, in case of urgency, two-thirds of the 
house where such bill is depending shall deem it expedient to 
dispense with this rule; and no bill shall be passed by either 
house until it shall have been previously read twice at length.^ 

Sec. 21. Every bill having passed both houses shall be care¬ 
fully enrolled, and shall be signed by the presiding officer of each 
house. Any presiding officer refusing to sign a bill which shall 
have previously passed both houses shall thereafter be incapable 
of holding a seat in either branch of the legislature, or hold any 
other office of honor or profit in the State, and in case of such 
refusal, each house shall, by rule, provide the manner in which 
such bill shall be properly certified for presentation to the gov¬ 
ernor. 

^ Provision as to manner of passing bills is imperative and not directoiy. 2 Minn, 

P 


Exclusion 
from civil 
rights. 

Protest and 
dissent of 
members. 


Vacancies in 
legislature. 


Punish for 
disorderly 
conduct. 


Open 

sessions. 


Reading of 
bills. 


Enrolment 
of bills. 


210 


Appendix 


Passage of 
bills on last 
day of 
session 
prohibited. 


Census 

enumeration. 


Apportion¬ 

ment. 


Senatorial 
districts — 
term of office 
of senators 
and repre¬ 
sentatives. 


Qualifica¬ 
tion of 
legislators. 


Sec. 22. No bill shall be passed by either house of the legis¬ 
lature upon the day prescribed for the adjournment of the two 
houses. But this section shall not be so construed as to preclude 
the enrolment of a bill, or the signature and passage from one 
house to the other, or the reports thereon from committees, or its 
transmission to the executive for his signature. 

Sec. 23. The legislature shall provide by law for an enumeration 
of the inhabitants of this State in the year one thousand eight hun¬ 
dred and sixty-five, and every tenth year thereafter. At their first 
session after each enumeration so made, and also at their first ses¬ 
sion after each enumeration made by the authority of the United 
States, the legislature shall have the power to prescribe the bounds 
of congressional, senatorial, and representative districts, and to ap¬ 
portion anew the senators and representatives among the several 
districts according to the provisions of section second of this article. 

Sec. 24. The senators shall also be chosen by single districts 
of convenient contiguous territory, at the same time that members 
of the house of representatives are required to be chosen, and in 
the same manner; and no representative district shall be divided 
in the formation of a senate district. The senate districts shall 
be numbered in a regular series. The terms of office of senators 
and representatives shall be the same as now prescribed by law 
until the general election of the year one thousand eight hundred 
and seventy-eight (1878), at which time there shall be an entire 
new election of all the senators and representatives. Representa¬ 
tives chosen at such election, or at any election thereafter, shall 
hold their office for the term of two years, except it be to fill a 
vacancy; and the senators chosen at such election by districts 
designated as odd numbers shall go out of office at the expiration 
of the second year, and senators chosen by districts designated by 
even numbers shall go out of office at the expiration of the fourth 
year; and thereafter senators shall be chosen for four years, except 
there shall be an entire new election of all the senators at the 
election of representatives next succeeding each new apportion¬ 
ment provided for in this article. 

Sec. 25. Senators and representatives shall be qualified voters 
of the State, and shall have resided one year in the State and six 
months immediately preceding the election in the district from 
which they are elected. 


Appendix 


2II 


Sec. 26. Members of the Senate of the United States from 
this State shall be elected by the two houses of the legislature 
in joint convention, at such time and in such manner as may be 
provided by law. 

Sec. 27. No law shall embrace more than one subject, which 
shall be expressed in its title. 

Sec. 28. Divorces shall not be granted by the legislature. 

Sec. 29. All members and officers of both branches of the 
legislature shall, before entering upon the duties of their respec¬ 
tive trusts, take and subscribe an oath or affirmation to support 
the Constitution of the United States, the Constitution of the 
State of Minnesota, and faithfully and impartially to discharge 
the duties devolving upon him as such member or officer. 

Sec. 30. In all elections to be made by the legislature, the 
members thereof shall vote viva voce, and their votes shall be 
entered on the journal. 

Sec. 31. ‘The legislature shall never authorize any lottery, or 
the sale of lottery tickets. 

Sec. 32 [<z]. Any law providing for the repeal or amendment of 
any law or laws heretofore or hereafter enacted, which provides 
that any railroad company now existing in this State or operating 
its road therein, or which may be hereafter organized, shall, in 
lieu of all other taxes and assessments upon their real estate, 
roads, rolling stock, and other personal property, at and during 
the time and periods therein specified, pay into the treasury of 
this State a certain percentage therein mentioned of the gross 
earnings of such railroad companies now existing or hereafter 
organized, shall, before the same shall take effect or be in force, 
be submitted to a vote of the people of the State, and be adopted 
and ratified by a majority of the electors of the State voting at 
the election at which the same shall be submitted to them. 

Sec. 33. In all cases when a general law can be made appli¬ 
cable, no special law shall be enacted; and whether a general 
law could have been made applicable in any case is hereby 
declared a judicial question, and as such shall be judicially 
determined without regard to any legislative assertion on that 
subject. The legislature shall pass no local or special law 
regulating the affairs of, or incorporating, erecting, or changing 
the lines of, any county, city, village, township, ward, or school 


Senators to 
Congress. 


Laws to 
embrace only 
one subject. 
Divorces. 

Oath of 
office. 


Elections 
viva voce. 


Prohibition 
of lotteries. 

Change of 
form of tax¬ 
ation of 
railroads to 
be voted 
upon. 


Against 

special 

legislation. 


212 


Appendix 


Repeal of 
existing 
special laws. 


Refers to 
amendment 
ofi88i, 
superseded 
as above. 


district, or creating the offices, or prescribing the powers and 
duties of the officers of, or fixing or relating to the compensation, 
salary, or fees of the same, or the mode of election or appoint¬ 
ment thereto, authorizing the laying out, opening, altering, vacat¬ 
ing, or maintaining roads, highways, streets, or alleys; remitting 
fines, penalties, or forfeitures ; regulating the powers, duties, and 
practice of justices of the peace, magistrates, and constables; 
changing the names of persons, places, lakes, or rivers ; for open¬ 
ing and conducting of elections, or fixing or changing the places 
of voting; authorizing the adoption or legitimation of children; 
changing the law of descent or succession; conferring rights 
upon minors ; declaring any named person of age ; giving effect 
to informal or invalid wills or deeds, or affecting the estates of 
minors or persons under disability; locating or changing county 
seats ; regulating the management of public schools, the building 
or repairing of schoolhouses, and the raising of money for such 
purposes; exempting property from taxation, or regulating the 
rate of interest on money; creating corporations, or amending, 
renewing, extending, or explaining the charters thereof; granting 
to any corporation, association, or individual any special or ex¬ 
clusive privilege, immunity, or franchise whatever, or authorizing 
public taxation for a private purpose. Provided, however^ That 
the inhibitions of local or special laws in this section shall not 
be construed to prevent the passage of general laws on any of 
the subjects enumerated. 

The legislature may repeal any existing special or local law, 
but shall not amend, extend, or modify any of the same.^ 

Sec. 34. The legislature shall provide general laws for the 
transaction of any business that may be prohibited by section 
one (i) of this amendment, and all such laws shall be uniform 
in their operation throughout the State.^ 

Sec. 35. Any combinations of persons, either as individuals 
or as members or officers of any corporation, to monopolize the 


^ Adopted November 8, 1892. 

2 Adopted November 8,1881. This section, having been a part of the amendment, 
regulating special legislation, adopted in 1881, should properly have been included in 
the substitution of the amendment of 1892; but as it was not referred to by section, in 
the law submitted to the people, it must perforce remain in the Constitution, however 
inapplicable its reading. 


Appendix 


213 


markets for food products in this State, or to interfere with, or 
restrict the freedom of such markets, is hereby declared to be a 
criminal conspiracy, and shall be punished in such manner as the 
legislature may provide.^ 

Sec. 36. Any city or village in this State may frame a charter 
for its own government as a city consistent with and subject to 
the laws of this State, as follows: The legislature shall provide, 
under such restrictions as it deems proper, for a board of fifteen 
freeholders, who shall be and for the past five years shall have 
been qualified voters thereof, to be appointed by the district 
judges of the judicial district in which the city or village is situ¬ 
ated, as the legislature may determine, for a term in no event to 
exceed six years, which board shall, within six months after its 
appointment, return to the chief magistrate of said city or village 
a draft of said charter, signed by the members of said board, or 
a majority thereof. Such charter shall be submitted to the 
qualified voters of such city or village at the next election there¬ 
after, and if four-sevenths of the qualified voters voting at such 
election shall ratify the same it shall, at the end of thirty days 
thereafter, become the charter of such city or village as a city, 
and supersede any existing charter or amendments thereof; 
provided^ that in cities having patrol limits now established, 
such charter shall require a three-fourths majority vote of the 
qualified voters voting at such election to change the patrol 
limits now established. 

Before any city shall incorporate under this act the legislature 
shall prescribe by law the general limits within which such 
charter shall be framed. Duplicate certificates shall be made 
setting forth the charter proposed and its ratification, which 
shall be signed by the chief magistrate of said city or village 
and authenticated by its corporate seal. One of said certificates 
shall be deposited in the office of secretary of state, and the 
other, after being recorded in the office of the register of deeds for 
the county in which such city or village lies, shall be deposited 
among the archives of such city or village, and all courts shall 
take judicial notice thereof. Such charter so deposited may be 
amended by proposal therefor made by a board of fifteen com¬ 
missioners aforesaid, published for at least thirty days in three 


Against com¬ 
binations or 
pools to 
affect 
markets. 

City or 
village may 
frame its own 
charter. 


Charter to be 
submitted to 
voters. 


Legislature 
to prescribe 
general limits 
of charter. 


Amendment 
of charter. 


1 Adopted November 6, 1888. 


214 


Appendix 


Upon appli¬ 
cation of five 
per cent of 
legal voters. 


Mayor and 

legislative 

body. 


Articles of 
amendment 
may be 
submitted 
separately. 


General laws 
for cities by 
divisions of 
population. 


newspapers of general circulation in such city or village, and 
accepted by three-fifths of the qualified voters of such city or 
village voting at the next election, and not otherwise; but such 
charter shall always be in harmony with and subject to the Con¬ 
stitution and laws of the State of Minnesota. The legislature 
may prescribe the duties of the commission relative to submit¬ 
ting amendments of charter to the vote of the people, and shall 
provide that upon application of five per cent of the legal voters 
of any such city or village, by written petition, such commission 
shall submit to the vote of the people proposed amendments to 
such charter set forth in said petition. The board of freeholders 
above provided for shall be permanent, and all the vacancies by 
death, disability to perform duties, resignation, or removal from 
the corporate limits, or expiration of term of office, shall be filled 
by appointment in the same manner as the original board was 
created, and said board shall always contain its full complement 
of members. 

It shall be a feature of all such charters that there shall be 
provided, among other things, for a mayor or chief magistrate, 
and a legislative body of either one or two houses; if of two 
houses, at least one of them shall be elected by general vote of 
the electors. 

In submitting any such charter or amendment thereto to the 
qualified voters of such city or village, any alternate section or 
article may be presented for the choice of the voters, and may 
be voted on separately without prejudice to other articles or 
sections of the charter or any amendments thereto. 

The legislature may provide general laws relating to affairs 
of cities, the application of which may be limited to cities of over 
fifty thousand inhabitants, or to cities of fifty and not less than 
twenty thousand inhabitants, or to cities of twenty and not less 
than ten thousand inhabitants, or to cities of ten thousand 
inhabitants or less, which shall apply equally to all such cities 
of either class, and which shall be paramount while in force to 
the provisions relating to the same matter included in the local 
charter herein provided for. But no local charter, provision, or 
ordinance passed thereunder shall supersede any general law of 
the State defining or punishing crimes or misdemeanors.^ 

^ Section 36 adopted November 8, 1898. 


Appendix 


215 


Article V 
Executive Depart 7 nent 

Section i. The executive department shall consist of a gov¬ 
ernor, lieutenant governor, secretary of state, auditor, treasurer, 
and attorney general, who shall be chosen by the electors of the 
State.i 

Sec. 2.2 The returns of every election for the officers named 
in the foregoing section shall be made to the secretary of state, 
who shall call to his assistance two or more of the judges of the 
supreme court, and two disinterested judges of the district courts 
of the State, who shall constitute a board of canvassers, who 
shall open and canvass said returns and declare the result within 
three days after such canvass. 

Sec. 3. The term of office for the governor and lieutenant 
governor shall be two years, and until their successors are 
chosen and qualified. Each shall have attained the age of 
twenty-five (25) years, and shall have been a bona fide resident 
of the State for one year next preceding his election. Both 
shall be citizens of the United States. 

Sec. 4. The governor shall communicate by message to each 
session of the legislature such information touching the State and 
condition of the country as he may deem expedient. He shall be 
commander-in-chief of the military and naval forces, and may 
call out such forces to execute the laws, suppress insurrection, 
and repel invasion. He may require the opinion, in writing, of 
the principal officer in each of the executive departments, upon 
any subject relating to the duties of their respective offices ; ^ and 
he shall have power, in conjunction with the board of pardons, 
of which the governor shall be ex-officio a member, and the other 
members of which shall consist of the attorney general of the 
State of Minnesota, and the chief justice of the supreme court of 
the State of Minnesota, and whose powers and duties shall be 

1 An executive officer of the State is not subject to the control or interference of 
the judiciary in the performance of duties belonging to him as an executive officer, 
and no act done or threatened to be done by him in his official capacity can be brought 
under judicial control or interference by mandamus or injunction, even when the act 
is purely ministerial. 29 Minn. 555. 

» As amended November 6, 1877. » Adopted November 3, 1896. 


Officers in 

executive 

department. 


Election 
returns to be 
sent to secre¬ 
tary of state. 


Official term 
of governor 
and lieuten¬ 
ant governor 
— qualifica¬ 
tions. 


Powers and 
duties of 
governor. 


2 I 6 


Appendix 


Official term 
of other 
executive 
officers. 


Duties of 
lieutenant 
governor. 


Official 
terms of 
first State 
officers. 


[Obsolete.] 


defined and regulated by law, to grant reprieves and pardons 
after conviction for offences against the State, except in cases of 
impeachment. He shall have power, by and with the advice and 
consent of the Senate, to appoint a State librarian and notaries 
public, and such other officers as may be provided by law. He 
shall have power to appoint commissioners to take the acknowl¬ 
edgment of deeds or other instruments in writing, to be used in 
the State. He shall have a negative upon all laws passed by the 
legislature, under such rules and limitations as are in this Consti¬ 
tution prescribed. He may on extraordinary occasions convene 
both houses of the legislature. He shall take care that the laws 
be faithfully executed, fill any vacancy that may occur in the 
office of secretary of state, treasurer, auditor, attorney general, 
and such other State and district offices as may be hereafter 
created by law, until the next annual election, and until their 
successors are chosen and qualified. 

Sec. 5. The official term of the secretary of state, treasurer, 
and attorney general shall be two (2) years. The official term 
of the State auditor shall be four (4) years, and each shall 
continue in office until his successor shall have been elected 
and qualified. The further duties and salaries of said executive 
officers shall each be prescribed by law.^ 

Sec. 6. The lieutenant governor shall be ex-officio president of 
the Senate; and in case a vacancy shall occur, from any cause 
v/hatever, in the office of governor, he shall be governor during 
such vacancy. The compensation of the lieutenant governor 
shall be double the compensation of a State senator. Before the 
close of each session of the Senate they shall elect a president 
pro tempore, who shall be lieutenant governor in case a vacancy 
should occur in that office. 

Sec. 7. The term of each of the executive officers named in 
this article shall commence on taking the oath of office on or after 
the first day of May, 1858, and continue until the first Monday 
of January, i860, except the auditor, who shall continue in office 
till the first Monday of January, i86r, and until their successors 
shall have been duly elected and qualified; and the same above- 
mentioned time for qualification and entry upon the duties of their 
respective offices shall extend and apply to all other officers 

1 Adopted November 6, 1883. 


Appendix 


217 


elected under the State Constitution, who have not already taken 
the oath of office, and commenced the performance of their 
official duties.^ 

Sec. 8. Each officer created by this article shall, before enter¬ 
ing upon his duties, take an oath or affirmation to support the 
Constitution of the United States and of this State, and faithfully 
discharge the duties of his office to the best of his judgment and 
ability. 

Sec. 9. Laws shall be passed at the first session of the legis¬ 
lature after the State is admitted into the Union to carry out the 
provisions of this article. 


Article VI 
Judiciary 

Section r. The judicial power of the State shall be vested in 
a supreme court, district courts, courts of probate, justices of the 
peace, and such other courts, inferior to the supreme court, as 
the legislature may from time to time establish by a two-thirds 
vote.2 

Sec. 2 . The supreme court shall consist of one chief justice 
and two associate justices, but the number of the associate jus¬ 
tices may be increased to a number not exceeding four, by the 
legislature, by a two-thirds vote, when it shall be deemed neces¬ 
sary. It shall have original jurisdiction in such remedial cases as 
may be prescribed by law, and appellate jurisdiction in all cases, 
both in law and equity, but there shall be no trial by jury in said 
court. It shall hold one or more terms in each year, as the legis¬ 
lature may direct, at the seat of government, and the legislature 
may provide, by a two-thirds vote, that one term in each year 
shall be held in each or any judicial district. It shall be the duty 
of such court to appoint a reporter of its decisions. There shall 
be chosen, by the qualified electors of the State, one clerk of the 
supreme court, who shall hold his office for the term of four years, 
and until his successor is duly elected and qualified, and the judges 

1 This section was adopted April 15, 1858. 

2 Article VI, section i. The provision of Article VI, section i, vesting the judicial 
powers of the State in the courts specified therein, is not infringed by the statute 
authorizing the appointment of and trial of cases before referees, who are merely 
subordinate officers of the courts, acting only in an intermediate capacity. 5 Minn. 78. 


Oath of 
office to be 
taken by 
State 
officers. 


[Obsolete.] 


Judicial 

powers. 


Supreme 

court. 


Jurisdiction 
and powers. 


Reporter of 
decisions. 

Clerk of 
supreme 
court. 


2I8 


Appendix 


Election and 
term of office 
for judges. 

District 
judges may 
act where 
supreme 
judges are 
disqualified. 


Judicial 
districts for 
district 
courts. 

Election of 
judges. 


Term of 
office and 
residence. 


Jurisdiction 
of district 
courts. 


of the supreme court, or a majority of them, shall have the power 
to fill any vacancy in the office of clerk of the supreme court until 
an election can be regularly had.^ 

Sec. 3. The judges of the supreme court shall be elected by 
the electors of the State at large, and their term of office shall be 
six years, and until their successors are elected and qualified. 

[Whenever all or a majority of the judges of the supreme court 
shall, from any cause, be disqualified from sitting in any case in 
said court, the governor, or, if he shall be interested in the result 
of such case, then the lieutenant governor, shall assign judges of 
the district court of the State, who shall sit in such case in place 
of such disqualified judges, with all the powers and duties of 
judges of the supreme court.] ^ 

Sec. 4. The State shall be divided by the legislature into 
judicial districts, which shall be composed of contiguous territory, 
be bounded by county lines, and contain a population as nearly 
equal as may be practicable. In each judicial district, one or 
more judges, as the legislature may prescribe, shall be elected by 
the electors thereof, whose term of office shall be six years, and 
each of said judges shall severally have and exercise the powers 
of the court, under such limitations as may be prescribed by law. 
Every district judge shall, at the time of his election, be a resident 
of the district for which he shall be elected, and shall reside 
therein during his continuance in office. In case any court of 
common pleas heretofore established shall be abolished, the judge 
of said court may be constituted by the legislature one of the 
judges of the district court of the district wherein such court has 
been so established, for a period not exceeding the unexpired 
term for v/hich he was elected.^ 

Sec. 5. The district courts shall have original jurisdiction in 
all civil cases, both in law and equity, where the amount in con¬ 
troversy exceeds one hundred dollars, and in all criminal cases 
where the punishment shall exceed three months’ imprisonment 
or a fine of more than one hundred dollars, and shall have such 
appellate jurisdiction as may be prescribed by law. The legis- 


^ The supreme court shall consist of one chief justice and four associate justices. 
General Laws, 1881, ch. 141. 

* Paragraph in brackets added November 7, 1876. 

* This section was adopted November 5, 1875. 


Appe 7 tdix 


219 


lature may provide by law that the judge of one district may 
discharge the duties of judge of any other district not his own, 
when convenience or the public interest may require it. 

Sec. 6. The judges of the supreme and district courts shall be 
men learned in the law, and shall receive such compensation at 
stated times as may be prescribed by the legislature ; which com¬ 
pensation shall not be diminished during their continuance in 
office, but they shall receive no other fee or reward for their 
services. 

Sec. 7. There shall be established in each organized county 
in the State a probate court, which shall be a court of record, and 
be held at such time and places as may be prescribed by law. 
It shall be held by one judge, who shall be elected by the voters 
of the county for the term of two years. He shall be a resident 
of such county at the time of his election, and reside therein dur¬ 
ing his continuance in office; and his compensation shall be 
provided by law. He may appoint his own clerk where none 
has been elected; but the legislature may authorize the election, 
by the electors of any county, of one clerk or register of probate 
for such county, whose powers, duties, term of office, and com¬ 
pensation shall be prescribed by law. A probate court shall 
have jurisdiction over the estates of deceased persons and persons 
under guardianship, but no other jurisdiction, except as prescribed 
by this Constitution. 

Sec. 8. The legislature shall provide for the election of a suffi¬ 
cient number of justices of the peace in each county, whose term 
of office shall be two years, and whose duties and compensation 
shall be prescribed by law. Provided^ That no justice of the 
peace shall have jurisdiction of any civil cause where the amount 
in controversy shall exceed one hundred dollars, nor in a criminal 
cause where the punishment shall exceed three months’ imprison¬ 
ment, or a fine over one hundred dollars, nor in any cause involv¬ 
ing the title to real estate. 

Sec. 9. All judges other than those provided for in this Con¬ 
stitution shall be elected by the electors of the judicial district, 
county, or city, for which they shall be created, nor for a longer 
term than seven years. 

Sec. 10. In case the office of any judge become vacant before 
the expiration of the regular term for which he was elected, the 


Qualifica¬ 

tions. 


Probate 

court. 


Judges to 
be elected. 


Jurisdiction. 


Justices of 
the peace to 
be elected. 


Jurisdiction. 


Judges for 
other courts 
to be elected. 


Vacancies — 
appointment 
by governor. 


220 


Appe 7 tdix 


Prohibition 
of supreme 
or district 
judges to 
hold other 
offices, or to 
be voted for 
office while 
in office. 

Change of 

judicial 

districts. 

Clerk of 
court. 


T^egal 

pleadings. 


Court com¬ 
missioner— 
powers and 
jurisdiction. 


Elective 

franchise. 


Residence 

required. 


vacancy shall be filled by appointment by the governor, until a 
successor is elected and qualified. And such successor shall be 
elected at the first annual election that occurs more than thirty 
days after the vacancy shall have happened. 

Sec. II. The justices of the supreme court and the district 
courts shall hold no office under the United States, nor any other 
office under this State. And all votes for either of them for any 
elective office under this Constitution, except a judicial office 
given by the legislature or the people, during their continuance 
in office, shall be void. 

Sec. 12. The legislature may at any time change the number 
of judicial districts or their boundaries, when it shall be deemed 
expedient; but no such change shall vacate the office of any judge. 

Sec. 13. There shall be elected in each county where a district 
court shall be held, one clerk of said court, whose qualifications, 
duties, and compensation shall be prescribed by law, and whose 
term of office shall be four years. 

Sec. 14. Legal pleadings and proceedings in the courts of this 
State shall be under the direction of the legislature. The style 
of all process shall be, “The State of Minnesota,” and all indict¬ 
ments shall conclude, “against the peace and dignity of the State 
of Minnesota.” 

Sec. 15. The legislature may provide for the election of one 
person in each organized county in this State, to be called a court 
commissioner, with judicial power and jurisdiction not exceeding 
the power and jurisdiction of a judge of the district court at 
chambers ; or the legislature ma}^ instead of such election, confer 
such power and jurisdiction upon the judge of probate in the 
State. 

Article VII 
Elective Franchise 

Section i.^ What persons are entitled to vote: 

Every male person of the age of twenty-one (21) years or 
upwards belonging to either of the following classes who has 
resided in this State six (6) months next preceding any election 
shall be entitled to vote at .such election in the election district 
of which he shall at the time have been for thirty (30) days a 

^ Section i adopted November 3, 1896. 


Appendix 221 

resident, for all officers that now are, or hereafter may be, elective 
by the people. 

First — Citizens of the United States who have been such for 
the period of three (3) months next preceding any election. 

Secofid —Persons of mixed white and Indian blood, who have 
adopted the customs and habits of civilization. 

Third —Persons of Indian blood residing in this State, who 
have adopted the language, customs, and habits of civilization, 
after an examination before any district court of the State, in 
such manner as may be provided by law, and shall have been 
pronounced by said court capable of enjoying the rights of 
citizenship within the State. 

Sec. 2. No person not belonging to one of the classes specified 
in the preceding section ; no person who has been convicted of trea¬ 
son or any felony, unless restored to civil rights; and no person 
under guardianship, or who may be non compos mentis or insane, 
shall be entitled or permitted to vote at any election in this State. 

Sec. 3. For the purpose of voting, no person shall be deemed 
to have lost a residence by reason of his absence while employed 
in the service of the United States ; nor while engaged upon the 
waters of this State or of the United States; nor while a student 
in any seminary of learning; nor while kept at any almshouse or 
asylum; nor while confined in any public prison. 

Sec. 4. No soldier, seaman, or marine in the army or navy of 
the United States shall be deemed a resident of this State in 
consequence of being stationed within the same. 

Sec. 5. During the day on which any election shall be held, 
no person shall be arrested by virtue of any civil process. 

Sec. 6 . All elections shall be by ballot, except for such town 
officers as may be directed by law to be otherwise chosen. 

Sec. 7. Every person who by the provisions of this article 
shall be entitled to vote at any election shall be eligible to any 
office which now is, or hereafter shall be, elective by the people 
in the district wherein he shall have resided thirty days previous 
to such election, except as otherwise provided in this Constitution, 
or the Constitution and laws of the United States.^ 


Citizens of 
the United 
States. 

Mixed 

Indians. 

Pure Indians 
having 
adopted 
habits of 
civilization. 


Non-eligible. 


Residence 
not lost in 
certain cases. 


Soldiers and 
sailors — 
restriction. 

Civil process 
suspended on 
election day. 
Elections by 
ballots. 

Right to hold 
office. 


^ Held restrictive and to disqualify a person from holding an elective office who 
was not eligible at the date of his election, though eligible at the beginning of the 
term, 45 Minn. 309. 


222 


Appendix 


Women may 
vote and be 
eligible. 


Official year 
of the State. 


Uniform 
system of 
public 
schools. 


Sec. 8.^ Women may vote for school officers and members of 
library boards, and shall be eligible to hold any office pertaining 
to the management of schools or libraries. 

Any woman of the age of twenty-one (21) years and upward 
and possessing the qualifications requisite to a male voter may 
vote at any election held for the purpose of choosing any officers 
of schools or any members of library boards, or upon any 
measure relating to schools or libraries, and shall be eligible to 
hold any office pertaining to the management of schools and 
libraries.^ 

Sec. 9. The official year for the State of Minnesota shall 
commence on the first Monday in January in each year, and all 
terms of office shall terminate at that time; and the general 
election shall be held on the first Tuesday after the first Monday 
in November. The first general election for State and county 
officers, except judicial officers, after the adoption of this amend¬ 
ment, shall be held in the -year a.d. one thousand eight hundred 
and eighty-four (1884), and thereafter the general election shall 
be held biennially. All State, county, or other officers elected at 
any general election, whose terms of office would otherwise 
expire on the first Monday of January, a.d. one thousand eight 
hundred and eighty-six (1886), shall hold and continue in such 
offices, respectively, until the first. Monday in January, one 
thousand eight hundred and eighty-seven (1887).^ 

ARTICLE VIII. 

SCHOOL FUNDS, EDUCATION AND SCIENCE. 

Section i. The stability of a republican form of govern¬ 
ment depending mainly upon the intelligence of the people, it 

* Adopted November 8, 1898. 

* The right to vote on district school matters was gi*anted by chap¬ 
ter 71, General Laws of 1878; and the right to vote for county school 
superintendents was granted by chapter 204, General Laws of 1885. 

•Adopted November 6, 1883. 



Appendix 


223 


shall be the duty of the legislature to establish a general and 
uniform system of public schools/ 

Sec. 2 . The proceeds of such lands as are or hereafter 
may be granted by the United States for the use of schools 
within each township of this State shall remain a perpetual 
school fund to the State; and not more than one-third (^) of 
said lands may be sold in two ( 2 ) years, one-third (^) in five 
(5) years, and one-third (^) in ten (10) years; but the lands 
of the greatest valuation shall be sold first; provided, that no 
portion of said lands shall be sold otherwise than at public 
sale. The principal of all funds arising from sales or other 
disposition of lands or other property, granted or entrusted to 
this State in each township for educational purposes, shall 
forever be preserved inviolate and undiminished; and the in¬ 
come arising from the lease or sale of said school land shall 
be distributed to the different townships throughout the State, 
in proportion to the number of scholars in each township, 
between the ages of five and twenty-one years; and shall be 
faithfully applied to the specific objects of the original grants 
or appropriations. 

[Suitable laws shall be enacted by the legislature for the 
safe investment of the principal of all funds which have here¬ 
tofore arisen or which may hereafter arise from the sale or 
other disposition of such lands, or the income from such lands 
accruing in any way before the sale or disposition thereof, in 
interest-bearing bonds of the United States, or of the State of 
Minnesota, issued after the year one thousand eight hundred 
and sixty (i860), or of such other state as the legislature may, 
by law, from time to time direct.]* 

All swamp lands now held by the State, or that may here¬ 
after accrue to the State, shall be appraised and sold in the 
same manner and by the same officers, and the minimum price 


Proceeds of 
school lands 
to be a 
perpetual 
fund. 


Investment 
of funds. 


Swamp 

lands. 


^Article 8 , section i, which directs the establishment of a general 
and uniform system of public schools, does not prohibit the legislature 
from providing public schools other than those included in the general 
system, or creating exceptional districts, to meet particular and ex¬ 
ceptional cases; and the exception from the operation of a general law 
relating to public schools of independent school districts, and schools 
specially provided for, does not violate the constitutional provision. 
25 Minn. i. 

* Paragraph in brackets adopted Nov. 5 , 1875 . Ch. 102 , G. L. of 1885 . 


224 


Appendix 


Division of 
proceeds. 


Public 
schools in 
each town¬ 
ship to be 
established. 

Prohibition 
as to aiding 
sectarian 
schools. 


University 
of Minnesota 
—location 
confirmed. 


Permanent 
school funds 
may be 
loaned to 
districts or 
counties for 
school 
purposes. 


shall be the same less one-third (i), as is provided by law 
for the appraisement and sale of the school lands under the 
provisions of title one (i) of chapter thirty-eight (38) of the 
General Statutes. The principal of all funds derived from 
sales of swamp lands, as aforesaid, shall forever be preserved 
inviolate and undiminished. One-half (A) of the proceeds 
of said principal shall be appropriated to the common school 
fund of the State. The remaining one-half (A) shall be 
appropriated to the educational and charitable institutions of 
the State in the relative ratio of cost to support said insti¬ 
tutions.^ 

Sec. 3. The legislature shall make such provisions, by 
taxation or otherwise, as, with the income arising from the 
school fund, will secure a thorough and efficient system of 
public schools in each township in the State. 

[But in no case shall the moneys derived as aforesaid, or 
any portion thereof, or any public moneys or property, be 
appropriated or used for the support of schools wherein the 
distinctive doctrines, creeds or tenets of any particular Chris¬ 
tian or other religious sect are promulgated or taught.]^ 

Sec. 4. The location of the University of Minnesota, as 
established by existing laws, is hereby confirmed, and said 
institution is hereby declared to be the University of the State 
of Minnesota. All the rights, immunities, franchises and en¬ 
dowments heretofore granted or conferred are hereby per¬ 
petuated unto the said university; and all lands which may 
be granted hereafter by Congress, or other donations for said 
university purposes, shall vest in the institution referred to in 
this section. 

Sec. 5.® The permanent school funds of the State may be 
loaned upon interest at the rate of five (5) per cent, per 
annum to the several counties or school districts of the State, 
to be used in the erection of county or school buildings. No 
such loan shall be made until approved by a board consisting 
of the governor, the state auditor and the state treasurer, who 
are hereby constituted an investment board for the purpose of 
the loans hereby authorized; nor shall any such loan be for an 

* Adopted Nov. 8, 1881. 

^ Paragraph in brackets adopted Nov. 6, 1877. 

® Adopted Nov. 2, 1886. 


A ppendix 


225 


amount exceeding three (3) per cent, of the last preceding 
assessed valuation of the real estate of the county or school 
district receiving the same. The state auditor shall annually, 
at the time of certifying the state tax to the several county 
auditors, also certify to each auditor to whose county, or to 
any of the school districts of whose county, any such loan 
shall have been made, the tax necessary to be levied to meet 
the accruing interest or principal of any such loan, and it 
shall be the duty of every such county auditor forthwith to 
levy and extend such tax upon all the taxable property in his 
county, or of the several school districts, respectively, liable 
for such loans—as the case may be—and in all such cases the 
tax so assessed shall be fifty (50) per cent, in excess of the 
amount actually necessary to be raised on account of such 
accruing principal or interest. It shall be levied, collected 
and paid into the county and state treasuries in the same 
manner as state taxes, and any excess collected over the 
amount of such principal or interest accruing in any given 
year shall be credited to the general funds of the respective 
counties or school districts. No change of the boundaries of 
any school district after the making of any such loan shall 
operate to withdraw any property from the taxation herein 
provided for; nor shall any law be passed extending the time 
of payment of any such principal or interest, or reducing the 
rate of such interest, or in any manner waiving or impairing 
any rights of the State in connection with any such loan. 
Suitable laws, not inconsistent with this amendment, may be 
passed by the legislature for the purpose of carrying the same 
into effect.^ 

Sec. 6. The permanent school and university fund of this 
State may be invested in the purchase of bonds of any county, 
school district, city, town or village of this State, but no such 
investment shall be made until approved by the board of com¬ 
missioners designated by law to regulate the investment of the 
permanent school fund and the permanent university fund of 
this State; nor shall such loan or investment be made when 
the issue of which the same in part would make the entire 
bonded indebtedness exceed seven per cent, of the assessed 


Investment 
of perma¬ 
nent school 
and univer¬ 
sity funds in 
municipal 
bonds. 


^ Chapter 193, G. L. of 1887, made the necessary provision for giving 
effect to this section. 


226 


Appendix 


Taxation to 
be equal. 


Municipal 

taxation. 


Municipal 
tax for water 
pipes, etc. 


valuation of the taxable real property of the county, school 
district, city, town or village issuing such bonds; nor shall 
such loans or indebtedness be made at a lower rate of interest 
than three per cent, per annum, nor for a shorter period than 
five (5) years, nor for a longer period than twenty (20) 
years; and no change of the town, school district, village, city 
or county lines shall relieve the real property in such town, 
school district, county, village or city in this State at the time 
of the issuing of such bonds from any liability for taxation to 
pay such bonds.^ 


ARTICLE IX. 

FINANCES OF THE STATE, AND BANKS AND BANKING. 

Section i. All taxes to be raised in this State shall be as 
nearly equal as may be, and all property on which taxes are to 
be levied shall have a cash valuation and be equalized and 
uniform throughout the State; provided, that the legislature 
may, by general law or special act, authorize municipal cor¬ 
porations to levy assessments for local improvements upon the 
property fronting upon such improvements, or upon the 
property to be benefited by such improvements, or both, with¬ 
out regard to a cash valuation, and in such manner as the 
legislature may prescribe. And, provided further, that for 
the purpose of defraying the expenses of laying water pipes 
and supplying any city or municipality with water, the legis¬ 
lature may, by general or special law, authorize any such city 
or municipality, having a population of five thousand (S,ooo) 
or more, to levy an annual tax or assessment upon the lineal 
foot of all lands fronting on any water main or water pipe 
laid by such city or municipality within corporate limits of 
said city for supplying water to the citizens thereof without 
regard to the cash value of such property, and to empower 
such city to collect any such tax, assessments or fines, or 
penalties for failure to pay the same, or any fine or penalty 
for any violation of the rules of such city or municipality in 
regard to the use of water, or for any water rate due for the 
same.* And, provided further, that there may be by law 

^ Adopted Nov. 3, 1896. 

2 Adopted Nov. 2, 1869, and Nov. 8, 1881, Nov. 6, 1906. 


A ppendix 


227 


levied and collected a tax upon all inheritances, devises, be¬ 
quests, legacies, and gifts of every kind and description above 
a fixed and specified sum, of any and all natural persons and 
corporations. Such a tax above such exempted sum may be 
uniform, or it may be graded or progressive, but shall not 
exceed a maximum tax of five per cent.^ 

Sec. 2. The legislature shall provide for an annual tax 
sufficient to defray the estimated ordinary expenses of the 
State for each year; and whenever it shall happen that such 
ordinary expenses of the State for any year shall exceed the 
income of the State for such year, the legislature shall provide 
for levying a tax for the ensuing year, sufficient with other 
sources of income to pay the deficiency of the preceding year, 
together with the estimated expenses of such ensuing year. 
[But no law levying a tax, or making other provisions for the 
payment of interest or principal of the bonds denominated 
“Minnesota State Railroad Bonds,” shall take effect or be in 
force until such law shall have been submitted to a vote of the 
people of the State, and adopted by a majority of the electors 
of the State voting upon the same.]^ 

Sec. 3. Laws shall be passed taxing all moneys, credits, 
investments in bonds, stocks, joint stock companies, or other¬ 
wise, and also all real and personal property, according to its 
true value in money; but public burying grounds, public 
school houses, public hospitals, academies, colleges, universi¬ 
ties, and all seminaries of learning, all churches, church 
property used for religious purposes, and houses of worship, 
institutions of purely public charity, public property used 
exclusively for any public purpose, and personal property to 
an amount not exceeding in value two hundred dollars for 
each individual, shall, by general laws, be exempt from 
taxation.® 

Sec. 4. Laws shall be passed for taxing the notes and 
bills discounted or purchased, moneys loaned, and other 


Tax on 

inheritances, 

etc. 


State tax 
levy. 


Property 
subject to 
taxation. 


Taxation of 

banking 

institutions. 


^ Adopted Nov. 6, 1894. 

2 These amendments were adopted Nov. 6, i860. By chapter 71, 
G. L. of 1881 (extra session), the question of paying the state railroad 
bonds was submitted to a vote of the people, and the law was duly 
ratified by a vote, 82,435 in favor, and 24,526 against. 

2 G. L. of 1878, Ch. I, makes this exemption $100. 


228 


Appendix 


State debt 
limited—how 
contracted. 


Issue of 
bonds for 
created debt. 


Limitation 
as to when 
debt may be 
contracted. 


property, effects or dues of every description, of all banks and 
all bankers, so that all property employed in banking shall 
always be subject to a taxation equal to that imposed on the 
property of individuals. 

Sec. 5.^ For the purpose of defraying extraordinary ex¬ 
penditures, the State may contract public debts, but such 
debts shall never, in the aggregate, exceed $250,000; every 
such debt shall be authorized by law, for some single object, 
to be distinctly specified therein; and no such law shall take 
effect until it shall have been passed by the vote of two-thirds 
of the members of each branch of the legislature, to be re¬ 
corded by yeas and nays on the journals of each house 
respectively; and every such law shall levy a tax annually 
sufficient to pay the annual interest of such debt, and also a 
tax sufficient to pay the principal of such debt within ten years 
from the final passage of such law, and shall specially appro¬ 
priate the proceeds of such taxes to the payment of such prin¬ 
cipal and interest; and such appropriation and taxes shall not 
be repealed, postponed or diminished, until the principal and 
interest of such debt shall have been wholly paid. The State 
shall never contract any debts for works of internal improve¬ 
ments, or be a party in carrying on such works, except in 
cases where grants of land or other property shall have been 
made to the State, especially dedicated by the grant to specific 
purposes, and in such cases the State shall devote thereto the 
avails of such grants, and may pledge or appropriate the 
revenues derived from such works in aid of their completion. 

Sec. 6. All debts authorized by the preceding section shall 
be contracted by loan on State bonds of amounts not less than 
five hundred dollars each on interest, payable within ten years 
after the final passage of the law authorizing such debt; and 
such bonds shall not be sold by the State under par. A 
correct registry of all such bonds shall be kept by the treas¬ 
urer, in numerical order, so as always to exhibit the number 
and amount unpaid, and to whom severally made payable. 

Sec. 7. The State shall never contract any public debt, 
unless in time of war, to repel invasion or suppress insur¬ 
rection, except in the cases and in the manner provided in the 
fifth and sixth sections of this article. 


^ Amended April 14, 1858. 


Appendix 


229 


Sec. 8. The money arising from any loan made, or debt 
or liability contracted, shall be applied to the object specified 
in the act authorizing such debt or liability, or to the repay¬ 
ment of such debt or liability, and to no other purpose 
whatever. 

Sec. 9. No money shall ever be paid out of the treasury 
of this State except in pursuance of an appropriation by law. 

Sec. 10. The credit of the State shall never be given or 
loaned in aid of any individual, association or corporation. 
[Nor shall there be any further issue of bonds denominated 
“Minnesota State Railroad Bonds,” under what purports to 
be an amendment to section ten (10) of article nine (9) of 
the Constitution, adopted April fifteenth, eighteen hundred 
and fifty-eight, which is hereby expunged from the Constitu¬ 
tion, saving, excepting and reserving to the State, neverthe¬ 
less, all rights, remedies, and forfeitures accruing under said 
amendment.]^ 

Sec. II. There shall be published by the treasurer, in at 
least one newspaper printed at the seat of government, dur¬ 
ing the first week of January in each year, and in the next 
volume of the acts of legislature, detailed statements of all 
moneys drawn from the treasury during the preceding year, 
for what purpose and to whom paid, and by what law 
authorized; and also of all moneys received, and by what 
authority and from whom. 

Sec. 12 ^ Suitable laws shall be passed by the legislature 
for the safe-keeping, transfer and disbursements of the state 
and school funds; and all officers and other persons charged 
with the same or any part of the same, or the safe keeping 
thereof, shall be required to give ample security for all moneys 
and funds of any kind received by them; to make forthwith 
and keep an accurate entry of each sum received, and of each 
payment and transfer; and if any of said officers or other 
persons shall convert to his own use in any manner or form, 
or shall loan, with or without interest, or shall deposit in his 
own name, or otherwise than in the name of the State of Min¬ 
nesota; or shall deposit in banks or with any person or per¬ 
sons, or exhange for other funds or property, any portion of 


Disposition 
of funds 
received for 
bonds. 

Money 
drawn from 
the State 
'treasury. 

Credit of the 
State 

prohibited. 


Publication 
of receipts 
and expendi¬ 
tures by 
treasurer. 


State school 
funds— 
investment 
—safe 
keeping. 


1 The clause in brackets was adopted Nov. 6, i860. 

2 Adopted Nov. 4, 1873. 


230 


Appendix 


All &tate 
funds to be 
deposited in 
name of 
State. 


General 
banking law 
—provisions 
and restric¬ 
tions. 


the funds of the State or of the school funds aforesaid, ex¬ 
cept in the manner prescribed by law, every such act shall be 
and constitute an embezzlement of so much of the aforesaid 
State and school funds, or either of the same, as shall thus 
be taken, or loaned, or deposited, or exchanged, and shall be 
a felony; and any failure to pay over, produce or account for 
the State school funds, or any part of the same entrusted to 
such officer or persons as by law required on demand, shall 
be held and be taken to be prima facie evidence of such 
embezzlement. 

Sec. 13. The legislature may, by a two-thirds vote, pass a 
general banking law, with the following restrictions and re¬ 
quirements, viz; 

First —The legislature shall have no power to pass any law 
sanctioning in any manner, directly or indirectly, the sus¬ 
pension of specie payments by any person, association or cor¬ 
poration issuing bank notes of any description. 

Second —The legislature shall provide by law for the regis¬ 
try of all bills or notes issued or put in circulation as money, 
and shall require ample security in United States stock or 
State stocks for the redemption of the same in specie; and in 
case of a depreciation of said stocks, or any part thereof, to 
the amount of ten per cent, or more on the dollar, the bank 
or banks owning said stocks shall be required to make up said 
deficiency by additional stocks. 

Third —The stockholders in any corporation and joint as¬ 
sociation for banking purposes, issuing bank notes, shall be 
individually liable in an amount equal to double the amount of 
stock owned by them for all the debts of such corporation or 
association; and such individual liability shall continue for 
one year after any transfer or sale of stock by any stockholder 
or stockholders. 

Fourth —In case of the insolvency of any bank or banking 
association, the bill holders thereof shall be entitled to prefer¬ 
ence in payment over all other creditors of such bank or asso¬ 
ciation. 

Fifth —Any general banking law which may be passed in 
accordance with this article shall provide for recording the 
names of all stockholders in such corporation, the amount of 


Appendix 231 

stock held by each, the time of transfer, and to whom trans¬ 
ferred. 

Sec. 14. (a)^ For the purpose of erecting and completing 
buildings for a hospital for the insane, a deaf, dumb and blind 
asylum, the state prison, the legislature may by law increase 
the public debt of the State to an amount not exceeding 
$250,000, in addition to the public debt already heretofore 
authorized by the Constitution; and for that purpose may pro¬ 
vide by law for issuing and negotiating the bonds of the State, 
and appropriate the money only for the purpose aforesaid; 
which bonds shall be payable in not less than ten nor more 
than thirty years from the date of the same, at the option of 
the State. 

Sec. 14. {h') The legislature shall not authorize any 
county, township, city, or other municipal corporation to issue 
bonds or to become indebted in any manner to aid in the 
construction or equipment of any or all railroads to any 
amount that shall exceed ten per centum of the value of the 
taxable property within such county, township, city, or other 
municipal corporation; the amount of such taxable property 
to be ascertained and determined by the last assessment of 
said property made for the purpose of state and county taxa¬ 
tion previous to the incurring of such indebtedness, Nov. 5, 
1872. 

Sec. 15.* The legislature shall not authorize any county, 
township, city, or other municipal corporation to issue bonds, 
or to become indebted in any manner, to aid in the construc¬ 
tion or equipment of any or all railroads to any amount that 
shall exceed five (5) per centum of the value of the taxable 
property within such county, township, city, or other municipal 
corporation. The amount of such taxable property to be 
ascertained and determined by the last assessment of said 
property made, for the purpose of state and county taxation, 
previous to the incurring of such indebtedness. 

Sec. 16.® For the purpose of lending aid in the construc¬ 
tion and improvement of public highways and bridges, there 
is hereby created a fund to be known as the “State Road and 


Special 
provision for 
a loan for 
hospital 
building for 
insane. 


Superseded 
by section 15 
but not 
repealed in 
express 
terms. 


County, city 
or township 
aid to 
railroads 
limited. 


State road 
and bridge 
fund. 


^ Section 140 and 14b were adopted Nov. 5, 1872. 

* Sec. 15 was adopted Nov. 4, 1879. 

* Sec. 16 was adopted Nov. 8, 1898. 


232 


Appendix 


Legislature 
may levy tax 
to aid road 
and bridge 
fund. 


Providing 
for state 
highway 
commission. 


Duties of 
Commission. 


Bridge Fund.” Said fund shall include all moneys accruing 
from the income derived from investments in the internal 
improvement land fund or that may hereafter accrue to said 
fund, and shall also include all funds accruing to any state 
road and bridge fund, however provided. 

The legislature is authorized to add to such fund for the 
purpose of constructing or improving roads and bridges of 
this State, by providing, in its discretion, for an annual tax 
levy upon the property of this State of not to exceed in any 
year one-twentieth (1-20) of one (i) mill on all the taxable 
property within the State. 

The legislature is also authorized to provide for the ap¬ 
pointment, by the governor of the State, of a board to be 
known as the “State Highway Commission,” consisting of 
three (3) members, who shall perform such duties as shall be 
prescribed by law without salary or compensation other than 
personal expenses. 

Such commission shall have general superintendence of 
the construction of State roads and bridges and shall use such 
fund in the construction thereof and distribute the same in 
the several counties in the State upon an equitable basis. 
Provided further, that no county shall receive in any year 
more than three (3) per cent, or less than one-half (^2) of 
one (i) per cent, of the total fund thus provided and expended 
during such year; and, provided further, that no more than 
one-third (|) of such fund accruing in any year shall be 
expended for bridges, and in no case shall more than one- 
third (^) of the cost of constructing or improving any road 
or bridge be paid by the State from such fund. 

Sec. 17.^ The legislature may impose, or provide for the 
imposition of, upon the property within this State of any and 
all owners or operators, whether corporate or individual, or 
otherwise, of any and all sleeping, parlor and drawing room 
cars, or any or either of the same, which run in, into or 
through this State; also upon the property within this State 
of any and all telegraph and telephone companies, or owners, 
whose lines are in, or extend in, into or through this State; 
also upon the property within this State of all express com¬ 
panies, or owners, or any or either of the same, doing business 


^ Sec. 17 was adopted Nov. 3, 1896. 


Appendix 


233 


in this State; also upon the property within this State of all 
domestic insurance companies of this State of any kind; also 
upon the property within this State of all owners or operators 
of any and all mines or of mineral ores situated in this State; 
also upon the property within this State of all boom com¬ 
panies or owners, and of all ship builders or owners doing 
business in this State or having a port therein; provided, 
that this act shall not apply to property owned by railroad 
companies, their lands and other property; and upon the 
property of either or any of such companies or owners a tax, 
as uniform as reasonably may be with the taxes imposed upon 
similar property in said State, or upon the earnings thereof 
within this State, but may be graded or progressive, or both, 
and in providing for such tax, or in providing for ascertaining 
the just and true value of such property, it shall be competent 
for the legislature, in either or all of such cases, to impose 
such tax, upon any or all property thereof within this State, 
and in either case by taking as the basis of such imposition 
the proportionate business, earnings, mileage or quantity of 
production or property now or hereafter existing of any such 
companies, persons or owners, transacted or existing in this 
State, in relation to the entire business, mileage or quantity 
of production or property of such companies, persons, or 
owners as aforesaid; or in such other manner, or by such 
other method, as the legislature may determine; but the pro¬ 
ceeds of such taxes upon mining property shall be distributed 
between the State and the various political subdivisions thereof 
wherein the same is situated in the same proportion as the 
proceeds of taxes upon real property are distributed; pro¬ 
vided further, that nothing in this act contained shall operate 
to authorize the assessment or taxation of land or ordinary 
business blocks or property owned by any such corporation, 
person, firm or company, except in the manner provided by 
the ordinary methods of taxation. 


Legislature 
may provide 
special 
methods of 
taxation in 
certain cases. 


ARTICLE X. 


OF CORPORATIONS HAVING NO BANKING PRIVILEGES. 

Section i. The term “Corporation,” as used in this ar¬ 
ticle, shall be construed to include all associations and joint 


Corporations 
for general 
purposes. 


234 


Appendix 


Not to be 
created by 
special act. 
Liability of 
stockholders. 


Lands may 
be taken for 
public use. 


County or¬ 
ganization. 


stock companies having any of the powers and privileges not 
possessed by individuals or partnerships, except such as em¬ 
brace banking privileges, and all corporations shall have the 
right to sue, and shall be liable to be sued in all courts, in like 
manner as natural persons. 

Sec. 2. No corporations shall be formed under special 
acts, except for municipal purposes. 

Sec. 3. Each stockholder in any corporation^ excepting 
those organized for the purpose of carrying on any kind of 
manufacturing or mechanical business shall be liable to the 
amount of stock held or owned by him.]^ 

Sec. 4. Lands may be taken for public way, for the pur¬ 
pose of granting to any corporation the franchise of way for 
public use. In all cases, however, a fair and equitable com¬ 
pensation shall be paid for such land, and the damages aris¬ 
ing from the taking of the same; but all corporations being 
common carriers, enjoying the right of way in pursuance of 
the provisions of this section, shall be bound to carry the 
mineral, agricultural and other productions of manufacturers 
on equal and reasonable terms. 

ARTICLE XL 

COUNTIES AND TOWNSHIPS. 

Section i. The legislature may from time to time es- 

^ The exception in favor of manufacturing corporations,- in article 10, 
section 3, imposing individual liability upon stockholders for the debts 
of a corporation, embraces only those corporations which are organized 
for the purpose, as stated in their articles of association, of carrying 
on an exclusively manufacturing business; and if the purposes, as stated 
in the articles, are to carry on both a manufacturing business and also 
other kinds of business, not properly incidental to or necessarily con¬ 
nected with the manufacturing business, the fact that the corporation 
never actually engaged in such other kinds of business, will not bring 
it within the exception referred to. 44 Minn. 409. The clause in 
brackets adopted Nov. 5, 1872. 

^Article 10, section 3, providing that each stockholder in any cor¬ 
poration, excepting those organized for the purpose of carrying on any 
kind of manufacturing or mechanical business, “shall be liable to the 
amount of stock held or owned by him,” does not merely make a 
stockholder liable to pay for his stock at its face value, but imposes 
a liability to the amount of stock held, in addition to the liability for 
the stock. 50 N. W. iiio. 


A ppendix 


235 


tablish and organize^ new counties; but no new county shall 
contain less than four hundred square miles; nor shall any 
county be reduced below that amount; and all laws changing 
county lines in counties already organized, or for removing 
county seats, shall, before taking effect, be submitted to the 
electors of the county or counties to be affected thereby, at 
the next general election after the passage thereof, and be 
adopted by a majority of such electors. Counties now estab¬ 
lished may be enlarged, but not reduced below four hundred 
(400) square miles. 

Sec. 2. The legislature may organize any city into a 
separate county, when it has attained a population of 20,000 
inhabitants, without reference to geographical extent, when a 
majority of the electors of the county in which such city may 
be situated, voting thereon, shall be in favor of a separate 
organization. 

Sec. 3. Laws may be passed providing for the organiza¬ 
tion for municipal and other town purposes, of any con¬ 
gressional or fractional townships in the several counties in 
the State, provided that when a township is divided by county 
lines or does not contain one hundred inhabitants, it may be 
attached to one or more adjoining townships or parts of town¬ 
ships for the purposes aforesaid. 

Sec. 4. Provision shall be made by law for the election 
of such county or township officers as may be necessary. 

Sec. 5. Any county and township organization shall have 
such powers of local taxation as may be prescribed by law. 

Sec. 6. No money shall be drawn from any county or 
township treasury except by authority of law. 

Sec. 7.^ That the county of Manomin is hereby abolished, 
and that the territory heretofore comprising the same shall 
constitute and be a part of the county of Anoka. 

^Article II, section i. The establishing of a county is the setting 
apart of the territory to be in future organized as a political com¬ 
munity or quasi corporation for political purposes, while the organizing 
is the vesting the people of such territory with such corporate rights 
and powers; and, until authorized by the legislature, the people of a 
county established but not organized have no right to act as an organized 
county. 25 Minn. 215. 

’ Adopted Nov. 2, 1869. 


Cities of 

20,000 

population 

may be 

organized 

into separate 

counties. 

Township 

organization. 


Election of 
county and 
town officers. 
Local 
taxation 
may be 
authorized. 
Money 
drawn 

from county 
or town 
treasuries. 
County of 
Manomin 
abolished. 


236 


A ppendix 


Militia 

organization. 


Impeach¬ 
ment and 
removal 
from office. 


Amend¬ 
ments to 
constitution. 


ARTICLE XII. 

OF THE MILITIA. 

Section i. It shall be the duty o£ the legislature to pass 
such laws for the organization, discipline and service of the 
militia of the State as may be deemed necessary. 

ARTICLE XIII. 

IMPEACHMENT AND REMOVAL FROM OFFICE. 

Section i. The governor, secretary of state, treasurer, 
auditor, attorney general, and the-judges of the supreme and 
district courts, may be impeached for corrupt conduct in office, 
or for crimes and misdemeanors; but judgment in such case 
shall not extend further than to removal from office and dis¬ 
qualification to hold and enjoy any office of honor, trust or 
profit in this State. The party convicted thereof shall never¬ 
theless be liable and subject to indictment, trial, judgment 
and punishment, according to law. 

Sec. 2. The legislature of this State may provide for the 
removal of inferior officers from office, for malfeasance or 
nonfeasance in the performance of their duties. 

Sec. 3. No officer shall exercise the duties of his office 
after he shall have been impeached and before his acquittal. 

Sec. 4. On the trial of an impeachment against the gov¬ 
ernor, the lieutenant governor shall not act as a member of 
the court. 

Sec. 5. No person shall be tried on impeachment before 
he shall have been served with a copy thereof, at least twenty 
days previous to the day set for trial. 

ARTICLE XIV. 

amendments to the constitution. 

Section i.^ Whenever a majority of both houses of the 
legislature shall deem it necessary to alter or amend this Con¬ 
stitution, they may propose such alterations or amendments, 
which proposed amendments shall be published with the laws 


Adopted Nov. 8, 1898. 


Appendix 


237 


which have been passed at the same session, and said amend¬ 
ments shall be submitted to the people for their approval or 
rejection at any general election, and if it shall appear, in a 
manner to be provided by law, that a majority of all the 
electors voting at said election shall have voted for and 
ratified such alterations or amendments, the same shall be 
valid to all intents and purposes as a part of this Constitu¬ 
tion. If two or more alterations or amendments shall be 
submitted at the same time, it shall be so regulated that the 
voters shall vote for or against each separately. 

Sec. 2. Whenever two-thirds of the members elected to 
each branch of the legislature shall think it necessary to call 
a convention to revise this Constitution, they shall recommend 
to the electors to vote at the next general election for mem¬ 
bers of the legislature, for or against a convention; and if a 
majority of all the electors voting at said election shall have 
voted for a convention, the legislature shall, at their next 
session, provide by law for calling the same. The convention 
shall consist of as many members as the House of Repre¬ 
sentatives, who shall be chosen in the same manner, and shall 
meet within three months after their election for the purpose 
aforesaid. 


ARTICLE XV. 

MISCELLANEOUS SUBJECTS. 

Section i. The seat of government of the State shall be 
at the city of St. Paul, but the legislature, at their first or any 
future session, may provide by law for a change of the seat 
of government by a vote of the people, or may locate the same 
upon the land granted by Congress for a seat of government 
to the State; and in the event of the seat of government 
being removed from the city of St. Paul to any other place in 
the State, the capitol building and grounds shall be dedicated 
to an institution for the promotion of science, literature and 
the arts, to be organized by the legislature of the State, and 
of which institution the Minnesota Historical Society shall 
always be a department. 

Sec. 2. Persons residing on Indian lands within the State 
shall enjoy all the rights and privileges of citizens, as though 


Majority 
vote of 
electors vot¬ 
ing makes 
amendment 
valid. 


Revision of 
constitution. 


Seat of 
government. 


Residents on 
Indian lands 


Uniform 
oath at 
elections. 

State seal. 


State prison 
location. 


Territorial 
laws valid in 
change to 
State organi¬ 
zation. 


Territorial 
laws not 
repugnant to 
constitution 
to be in 
force. 


Civil rights 
under 
territorial 
government 
secured in 
the change 
to State 
government, 


238 Appendix 

they lived in any other portion of the State, and shall be sub¬ 
ject to taxation. 

Sec. 3. The legislature shall provide for a uniform oath 
or affirmation to be administered at elections, and no person 
shall be compelled to take any other or different form of oath 
to entitle him to vote. 

Sec. 4. There shall be a seal of the State, which shall be 
kept by the secretary of state, and be used by him officially, 
and shall be called the great seal of the State of Minnesota, 
and shall be attached to all the official acts of' the governor 
(his signature to acts and resolves of the legislature excepted) 
requiring authentication. The legislature shall provide for an 
appropriate device and motto for said seal. 

Sec. 5. The territorial prison, as located under existing 
laws, shall, after the adoption of this Constitution, be and 
remain one of the state prisons of the State of Minnesota. 

SCHEDULE. 

Section i. That no inconvenience may arise by reason of 
a change from a territorial to a permanent state of govern¬ 
ment, it is declared that all rights, actions, prosecutions, judg¬ 
ments, claims and contracts, as well of individuals as of 
bodies corporate, shall continue as if no change had taken 
place; and all process which may be issued under the au¬ 
thority of the Territory of Minnesota previous to its admis¬ 
sion into the Union of the United States shall be as valid as 
if issued in the name of the State. 

Sec. 2. All laws now in force in the Territory of Minne¬ 
sota not repugnant to this Constitution shall remain in force 
until they expire by their own limitation, or be altered or 
repealed by the legislature. 

Sec. 3. All fines, penalties or forfeitures accruing to the 
Territory of Minnesota shall inure to the State. 

Sec. 4. All recognizances heretofore taken, or which may 
be taken before the change from a territorial to a permanent 
state government shall remain valid, and shall pass to and 
may be prosecuted in the name of the State; and all bonds 
executed to the governor of the Territory, or to any other 
officer or court in his or their official capacity, shall pass to 
the governor or state authority and their successors in office. 


Appendix 


239 


for the uses therein respectively expressed, and may be sued 
for and recovered accordingly; and all the estate of property, 
real, personal or mixed, and all judgments, bonds, specialties, 
choses in action, and claims and debts, of whatsoever descrip¬ 
tion, of the Territory of Minnesota, shall inure to and vest in 
the State of Minnesota, and may be sued for and recovered 
in the same manner and to the same extent by the State of 
Minnesota as the same could have been by the Territory of 
Minnesota. All criminal prosecutions and penal actions which 
may have arisen, or which may arise before the change from 
a territorial to a state government, and which shall then be 
pending, shall be prosecuted to judgment and execution in the 
name of the State. All offenses committed against the laws 
of the Territory of Minnesota, before the change from a ter¬ 
ritorial to a state government, and which shall not be prose¬ 
cuted before such change, may be prosecuted in the name 
and by the authority of the State of Minnesota with like 
effect as though such change had not taken place, and all 
penalties incurred shall remain the same as if this Constitution 
had not been adopted. All actions at law and suits in equity 
which may be pending in any of the courts of the Territory 
of Minnesota, at the time of a change from a territorial to a 
state government, may be continued and transferred to any 
court of the State which shall have jurisdiction of the subject 
matter thereof. 

Sec. 5. All territorial officers, civil or military, now hold¬ 
ing their offices under the authority of the United States or of 
the Territory of Minnesota shall continue to hold and exer¬ 
cise their respective offices until they shall be superseded by 
the authority of the State. 

Sec. 6 . The first session of the legislature of the State of 
Minnesota shall commence on the first Wednesday of De¬ 
cember next, and shall be held at the capitol, in the city of 
St. Paul. 

Sec. 7. The laws regulating the election and qualification 
of all district, county and precinct officers shall continue and 
be in force until the legislature shall otherwise provide by law. 

Sec. 8 . The president of this convention shall, immediately 
after the adjournment thereof, cause this Constitution to be 
deposited in the office of the governor of the Territory; and 


Territorial 

officers 

continued 

until 

superseded. 


First session 
of State 
legislature. 


Constitution 
submitted to 
a vote of the 
people. 


240 


Appendix 


Representa¬ 
tion to 
congress. 

First appor¬ 
tionment 
into 

legislative 

districts. 


if, after the submission of the same to a vote of the people, 
as hereinafter provided, it shall appear that it has been 
adopted by a vote of the people of the State, then the governor 
shall forward a certified copy of the same, together with an 
abstract of the votes polled for and against the said Consti¬ 
tution, to the president of the United States, to be by him 
laid before the Congress of the United States. 

Sec. 9. For the purposes of the first election, the State 
shall constitute one district, and shall elect three members to 
the House of Representatives of the United States. 

Sec. 10. For the purposes of the first election for mem¬ 
bers of the State Senate and House of Representatives, the 
State shall be divided into senatorial and representative dis¬ 
tricts, as follows, viz: First district, Washington county; 
Second district, Ramsey county; Third district, Dakota 
county; Fourth district, so much of Hennepin county as lies 
west of the Mississippi; Fifth district. Rice county; Sixth 
district, Goodhue county; Seventh district, Scott county; 
Eighth district, Olmsted county; Ninth district, Fillmore 
county; Tenth district, Houston county; Eleventh district, 
Winona county; Twelfth district, Wabasha county; Thirteenth 
district. Mower and Dodge counties; Fourteenth district, 
Freeborn and Faribault counties; Fifteenth district, Steele 
and Waseca counties; Sixteenth district. Blue Earth and 
Le Sueur counties; Seventeenth district, Nicollet and Brown 
counties; Eighteenth district, Sibley, Renville and McLeod 
counties; Nineteenth district. Carver and Wright counties; 
Twentieth district, Benton, Stearns and Meeker counties; 
Twenty-first district, Morrison, Crow Wing and Mille Lacs 
counties; Twenty-second district, Cass, Pembina and Todd 
counties; Twenty-third district, so much of Hennepin county 
as lies east of the Mississippi; Twenty-fourth district, Sher¬ 
burne, Anoka and Manomin counties; Twenty-fifth district, 
Chisago, Pine and Isanti counties; Twenty-sixth district, 
Buchanan, Carlton, St. Louis, Lake and Itasca counties. 

Sec. II. The counties of Brown, Stearns, Todd, Cass, 
Pembina and Renville, as applied in the preceding section, 
shall not be deemed to include any territory west of the State 
line, but shall be deemed to include all counties and parts of 


Appendix 


241 


counties east of said line as were created out of the territory 
of either, at the last session of the legislature. 

Sec. 12. The senators and representatives at the first 
election shall be apportioned among the several senatorial and 
representative districts as follows, to wit: 


1st 

district . 

. 2 

Senators . 

.3 Representatives. 

2d 

U 

. 3 

a 

. 6 

a 

3 d 

it 

. 2 

tt 

. 5 

a 

4th 

ii 

. 2 

a 

. 4 

a 

5 th 

a 

.2 

a 

. 3 

u 

6th 

u 

. I 

a 

.4 

it 

7th 

(f 

. I 

(( 

. 3 

it 

8th 


.2 


. 4 

(( 

9th 


. 2 

u 

. 6 

a 

loth 

{( 

. 2 


. 3 

a 

lith 

it 

. 2 


. 4 

it 

12th 

a 

. I 

a 

. 3 

a 

13th 

a 

. 2 

a 

. 3 

it 

14th 

a 

. I 


. 3 

it 

15th 

a 

. I 

(( 

. 4 

it 

16th 


. I 

(( 

. 3 

it 

17th 

a 

. I 

n 

. 3 

it 

i8th 

a 

. I 

a 

.3 

it 

19th 

a 

T 

ti 

. 3 

it 






20th 

a 

.I 

(( 

.3 

it 

2ISt 

a 

.I 

a 

.I 

tt 

22 d 

u 

.I 

a 

.I 

a 

23 d 

a 

.I 

a 

.2 

it 

24th 

u 

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a 

.I 

it 

25 th 

n 

.I 

a 

.I 

it 

26th 

u 

.I 

u 

.I 

it 



37 


80 



Sec. 13. The returns from the Twenty-second district 
shall be made to and canvassed by the judges of election at 
the precinct of Otter Tail City. 

Sec. 14 Until the legislature shall otherwise provide, the 
State shall be divided into judicial districts as follows, viz: 


Judicial 

districts. 


Apportion¬ 
ment of 
members. 


















































242 


Appendix 


First State 
election. 


Voters at 
the first 
election. 


Vote on the 
constitution. 


The counties of Washington, Chisago, Manomin, Anoka, 
Isanti, Pine, Buchanan, Carlton, St. Louis and Lake shall 
constitute the First judicial district. 

The county of Ramsey shall constitute the Second judicial 
district. 

The counties of Houston, Winona, Fillmore, Olmsted and 
Wabasha shall constitute the Third judicial district. , 

The counties of Hennepin, Carver, Wright, Meeker, Sher¬ 
burne, Benton, Steams, Morrison, Crow Wing, Mille Lacs, 
Itasca, Pembina, Todd and Cass shall constitute the Fourth 
judicial district. 

The counties of Dakota, Goodhue, Scott, Rice, Steele, 
Waseca, Dodge, Mower and Freeborn shall constitute the 
Fifth judicial district. 

The counties of Le Sueur, Sibley, Nicollet, Blue Earth, 
Faribault, McLeod, Renville, Brown, and all other counties in 
the State not included within the other districts, shall con¬ 
stitute the Sixth judicial district. 

Sec. 15. Each of the foregoing enumerated judicial dis¬ 
tricts may, at the first election, elect one prosecuting attorney 
for the district. 

Sec. 16. Upon the second Tuesday, the thirteenth day of 
October, 1857, an election shall be held for members of the 
House of Representatives of the United States, governor, lieu¬ 
tenant governor, supreme and district judges, members of the 
legislature, and all other officers designated in this Constitu¬ 
tion, and also for the submission of this Constitution to the 
people, for their adoption or rejection. 

Sec. 17. Upon the day so designated as aforesaid every 
free male inhabitant over the age of twenty-one years, who 
shall have resided within the limits of the State for ten days 
previous to the day of said election, may vote for all officers 
to be elected under this Constitution at such election, and 
also for or against the adoption of this Constitution. 

Sec. 18. In voting for or against the adoption of this 
Constitution, the words, “For Constitution,” or “Against Con¬ 
stitution,” may be written or printed on the ticket of each 
voter, but no voter shall vote for or against this Constitution, 
on a separate ballot from that cast by him for officers to be 
elected at said election under this Constitution; and if upon 


Appendix 


243 


the canvass of the vote so polled it shall appear that there was 
a greater number of votes polled for than against said Con¬ 
stitution, then this Constitution shall be deemed to be adopted 
as the Constitution of the State of Minnesota, and all the 
provisions and obligations of this Constitution, and of the 
schedule thereunto attached, shall thereafter be valid to all 
intents and purposes as the Constitution of said State. 

Sec. 19. At said election the polls shall be opened, the 
election held, returns made, and certificates issued, in all 
respects as provided by law for opening, closing and conduct¬ 
ing elections and making returns of the same, except as here¬ 
inbefore specified, and excepting also that polls may be opened 
and elections held at any point or points in any of the counties 
where precincts may be established as provided by law, ten 
days previous to the day of election, not less than ten miles 
from the place of voting in any established precinct. 

Sec. 20. It shall be the duty of the judges and clerks of 
election, in addition to the returns required by law for each 
precinct, to forward to the secretary of the Territory, by mail, 
immediately after the close of the election, a certified copy of* 
the poll book containing the name of each person who has 
voted in the precinct, and the number of votes polled for and 
against the adoption of this Constitution. 

Sec. 21. The returns of said election for and against this 
Constitution, and for all state officers and members of the 
House of Representatives of the United States, shall be made, 
and certificates issued in the manner now prescribed by law 
for returning votes given for delegates to Congress; and the 
returns for all district officers, judicial, legislative or other¬ 
wise, shall be made to the register of deeds of the senior 
county in each district, in the manner prescribed by law, 
except as otherwise provided. The returns for all officers 
elected at large shall be canvassed by the governor of the 
Territory, assisted by Joseph R. Brown and Thomas J. 
Galbraith, at the time designated by law for canvassing the 
vote for delegates to Congress. 

Sec. 22. If, upon canvassing the votes for and against 
the adoption of this Constitution, it shall appear that there has 
been polled a greater number of votes against than for it, 
then no certificate of election shall be issued for any State or 


Election—• 
how 

conducted. 


Returns of 
election. 


Canvassing 

returns. 


244 


Appendix 


district officer provided for in this Constitution, and no State 
organization shall have validity within the limits of the 
Territory, until otherwise provided for and until a Constitu¬ 
tion for a State government shall have been adopted by the 
people. 


Appendix 


245 


K. PRESIDENTIAL VOTE OF MINNESOTA 


i860 


1888 


Abraham Lincoln, Rep. . 22,069 

S. A. Douglas, Northern Dem. 11,920 
J. C. Breckenridge, South. Dem. 748 


Benjamin Harrison, Rep. . 
Grover Cleveland, Dem. . 
Fisk, Pro. 


1864 

Abraham Lincoln, Rep. 
George B. McClellan, Dem. 

1868 

U. S. Grant, Rep. . . 

Horatio Seymour, Dem. 


25.05s 

17.367 


43.722 

28,096 


1892 

Grover Cleveland, Dem. . 
Benjamin Harrison, Rep. . 
James B. Weaver, Peo. . 
John Bidwell, Pro. . . . 

1896 


1872 

U. S. Grant, Rep. 
Horace Greeley, Dem. 

1876 


William McKinley, Rep. . 
William J. Bryan, Dem.-Pop. 
55.708 Joshua Levering, Pro. . . 

35.211 Palmer, Gold Dem. . . . 

Machett, Soc. 


R. B. Hayes, Rep. . . . 

S. J. Tilden, Dem. . . . 

Peter Cooper, Greenback 


1880 

James A. Garfield, Rep. 

W. S. Hancock, Dem. . . 

James B. Weaver, Greenback 


72,95s 

48.587 

2,389 


93.902 

53.315 

3,267 


1900 

William McKinley, Rep. . 
William J. Bryan, Dem.-Pop. 
John G. Wooley, Pro. . . 

E. Debs, Labor .... 
J. B. Harrimann, Soc. Labor 

1904 


1884 

Grover Cleveland. Dem. 
James G. Blaine, Rep. 
St. John, Pro. . . . 

Butler, Greenback . . 


70,065 

111,685 

4.684 

3.583 


Theodore Roosevelt, Rep. 
Alton B. Parker, Dem. . 
Thos. Watson, Peo. . . . 

Eugene V. Debs, Pub.-Uwn. 
Silas C. Swallow, Pro. 
Corregan, Soc. Lab. . . 


142,492 

104,385 

1S.311 


100,920 

122,823 

29,313 

14,182 


193,503 

130,735 

4,338 

3.222 

954 


190,461 
112,901 
8,555 
3.065 
1,329 


216,651 

55,187 

2,103 

11,692 

6,253 

974 





. STATE OFFICERS OF MINNESOTA 


246 


Appendix 


Salary 

$500 per year. 

$500 per year. 

Speaker, $10 per day. 

$7000 per year. 

$10 per day during Leg¬ 

islature. 

U 

a 

u 

V 

a 

0 

0 

0 

$3500 per year. 

$3500 per year. 

$4800 per year. 

$3000 per year. 

$3500 per year. 

1 No pay. 

Official 

Bond 





0 

0 

q 

0 

$400,000 




0 

0 

q 

0 

4^ 


Vacancy—How 
filled 

New election. 

New election. 

By 

Lieutenant Governor 

By President pro 
tempore. 

New election order¬ 

ed by Governor. 


Removal 

Two-thirds 

Senate. 

Two-thirds | 

House. 1 

Impeached 

by 

two-thirds 

House; 

convicted 

by 

two-thirds 

Senate, 

Term begins 

First Monday 
in 

January. 

UI UIJ 3 

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Officers 

Senators . 

Representatives . . . 

Governor. 

Lieutenant Governor . 

State Auditor .... 

State Treasurer . . . 

Secretary of State . • 

Attorney General . . 

Superintendent Public 
Instruction .... 

Public Examiner . . . 

Board of Visitors . . . 


























































































Appendix 


247 


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252 


Appendix 


/ 


Q. REFERENCES TO MINNESOTA IN THE 
CONGRESSIONAL DOCUMENTS 


Subject 

1 

Cat. Page 

House 

Document 

Congress 

Session 

No. 

Vol. 

Date 

Admission . . 

710 

Senate 

Kept. 

35 

ISt 

21 

VII. 

Jan. 26, 1858 


721 

Senate 

Mis. D. 

35 

ISt 

209 

III. 

Mar. 30, 1858 

Boundary . . 

555 

Senate 

Mis. D. 

30 

ISt 

98 

1 . 

Mar. 28, 1848 


785 

Senate 

Mis. D. 

36 

2d 

7 

— 

Dec. 31, i860 

Constitution 

710 


Same 

as Admission Document. 

Census . . . 

710 

House 

Ex. Doc. 

35 

ISt 

49 

IX. 

Feb. I, 1858 


727 


Ex. Doc. 

35 

ISt 

no 

XII. 

April 30, 1858 


607 

House 

Ex. Doc. 

32 

ISt 

42 

1 . 

Tan. 22, i8s2 

Expense of the ( 
Territory j 

626 

House 

Ex. Doc. 

32 

2d 

38 

IV. 

Feb. 3, 1853 

671 

House 

Ex. Doc. 

34 

ISt 

59 

IX. 

Mar. 17, 1856 

Exploration. . 

584 

Senate 

Ex. Doc. 

31 

ISt 

42 

X. 

Mar. 31, 1850 

Land .... 

662 

House 

Ex. Doc. 

33 

2d 

83 

VIII. 

Feb. 27, 1855 

Land Grants 

651 

House 

Ex. Doc. 

33 

ISt 

I, part 2 

I. 

Sept. 15, 1854 


686 

House 

Kept. 

34 

ISt 

344 

III. 

Aug. 13, 1856 


882 

Senate 

Kept. 

40 

2d 

132 

— 

June 18, 1868 


1003 

House 

Mis. D. 

43 

ISt 

203 

III. 

Mar. 16, 1874 


1063 

House 

Mis. D. 

44 

ISt 

130 

V. 

Mar. 13, 1876 


II 2 I 

Senate 

Kept. 

45 

2d 

259 

IL 

April 16, 1878 

Land Settlers . 

1061 

Senate 

Mis. D. 

44 

ISt 

69 

I. 

Mar. 2, 1876 


1065 

House 

Mis. D. 

44 

ISt 

140 

V. 

Mar. 20, 1876 

Indians . . . 

642 

House 

Rept. 

33 

ISt 

138 

II. 

April 28, 1854 


683 

House 

Ex. Doc. 

34 

ISt 

134 

XII. 

July 24, 1856 


802 

Senate 

Mis. D. 

37 

2d 

77 

— 

April I, 1862 


809 

Senate 

Mis. D. 

37 

3d 

7 

— 

Dec. II, 1862 


812 

House 

Rept. 

37 

3d 

13 

— 

Jan. 26,1863 


872 

Senate 

Mis. D. 

40 

2d 

26 

I. 

Feb. 7, 1868 


910 

House 

Mis. D. 

41 

2d 

104 

III. 

Mar. 28, 1870 


911 

House 

Mis. D. 

41 

2d 

120 

III. 

April 4, 1870 


952 

House 

Mis. D. 

42 

2d 

150 

III. 

Mar. 25, 1872 

Sioux . . . 

819 

Senate 

Mis. D. 

38 

ISt 

37 

I. 

Feb. I, 1864 


833 

Senate 

Mis. D. 

38 

2d 

30 

1 . 

Feb. II, 1865 


858 

Senate 

Mis. D. 

39 

2d 

28 

1 . 

Feb. 18, 1868 

Judicial Dist. . 

802 

Senate 

Mis. D. 

37 

2d 

73 

— 

Mar. 26, 1862 












































































































Appe^idix 


253 


References to Minnesota. — Concluded 


Subject 

V 

bJ) 

House 

C 

V 

s 

3 

(/) 

V 

u 

biD 

c 

.2 

No. 

Vol. 

Date 

a 

u 


0 

0 

Q 

c 

0 

0 

0 

CO 






Public Build- ) 

636 

House 

Ex. Doc. 

33 

ISt 

48 

VIII. 

Feb. 

6, 

1854 

ings ^ 

612 

House 

Ex. Doc. 

32 

ISt 

85 

VI. 

Mar. 

4. 1852 

Terr. Govern’t . 

1190 

House 

Rept. 

46 

2d 

731 

III. 

April 

6, 

1880 

Ag. College. , 

813 

Senate 

Mis. D. 

37 

3d 

25 

— 

Feb. 

13. 

1863 

Schools . . . 

587 

House 

Rept. 

30 

ISt 

270 

. II. 

April 

II. 

1850 


686 

House 

Rept. 

34 

ISt 

344 

HI. 

Aug. 13, 

1856 

Swamps . . , 

822 

Senate 

Mis. D. 

38 

ISt 

62 

I. 

Mar. 

10, 

1864 


999 

House 

Rept. 

43 

ISt 

149 

I. 

Feb. 

24, 

1874 


1190 

House 

Rept. 

46 

2d 

732 

III. 

April 

6, 

1880 

Settlers’ Rights 

1056 

House 

Mis. D. 

44 

ISt 

73 

II. 

Jan. 

31. 

1876 


1067 

House 

Mis. D. 

44 

ISt 

158 

V. 

April 

3» 

1876 

Currency 1 

Finance ^ 

858 

Senate 

Mis. D. 

39 

2d 

29 

I. 

Feb. 

18, 

1867 

Railroads . . 

662 

Senate 

Rept. 

33 

2d 

547 

I. 

Feb. 

27. 

1855 


789 

House 

Mis. D. 

36 

2d 

36 

— 

Feb. 

6, 

1861 


799 

Senate 

Mis. D. 

37 

2d 

55 

— 

Feb. 

24, 

1862 


820 

Senate 

Mis. D. 

38 

ISt 

38 

I. 

Feb. 

8, 

1864 


833 

Senate 

Mis. D. 

38 

2d 

22 

I. 

Feb. 

I, 

1865 


834 

Senate 

Mis. D. 

38 

2d 

34 

I. 

Feb. 

14. 

1865 


862 

Senate 

Mis. D. 

40 

ISt 

20 

— 

Mar. 

22, 

1867 


872 

Senate 

Mis. D. 

40 

2d 

27 

I. 

Feb. 

7. 

1868 


876 

Senate 

Mis. D. 

40 

2d 

54 

I. 

Mar. 

21, 

1868 


878 

Senate 

Mis. D. 

40 

2d 

73 

I. 

April 

6, 

1868 


908 

Senate 

Mis. D. 

41 

2d 

81 

I. 

Mar. 

14, 

1870 


909 

House 

Mis. D. 

41 

2d 

90 

III. 

Mar. 

17. 

1870 


1102 

Senate 

Mis. D. 

43 

ISt 

80 

I. 

Mar. 

6, 

1874 


1055 

House 

Mis. D. 

44 

2d 

72 

II. 

Jan. 

31, 

1876 


1065 

House 

Mis. D. 

44 

ISt 

138 

V. 

Mar. 

20, 

1876 


1107 

House 

Rept. 

45 

2d 

120 

I. 

Feb. 

5. 

1878 








































INDEX 


Actions, civil and criminal, no; in 
justice of peace court, in. 

Adjutant general, 169. 

Alderman, 80; Duluth, 88; Minne¬ 
apolis, 84; St. Paul, 87; salaries, 
80. 

Allouez, 5. 

Amendment of constitution, 41, 42. 

American Fur Company, 10. 

Appropriation bills, 57. 

Arrest, examination, 121; warrant, 
121. 

Assessments, review of, 131. 

Attorney, county, 67; general duty, 
51; pardons, 167. 

Auditor, county, 64; county in elec¬ 
tions, 108; State, 51. 

Bail, admitted to, 121. 

Ballots, preparation, 103; printing, 
98. 

Bill of rights, 40. 

Bills, passing, 55-56, 57. 

Boards, care of insane, 162; con¬ 
trol, 167; city, 82, 133; and 

commissions, 52-53; Duluth, 91; 
high school, 148; Minneapolis, 84; 
normal school, 151; of equaliza¬ 
tion, 131-132; of pardon, 167; of 
St. Paul, 87; of State training 
school, 164; visitors, 168. 

Bribery, elections, 99. 

Candidates, fees, 99; nomination, 
93- 

Canvassing of elections, 105-107. 

Cass, Lewis, governor, 7. 

Catlin, John, 12. 

Charities and correction, board of, 
55, 167. 

Charter, commissions, 76-78; Du¬ 
luth, 88-90; Minneapolis, 84; new 


in Minneapolis, 85; St. Paul, 86- 
88; steps in securing, 77. 

Charters, and villages, 76. 

Cities, civil service, 83; classification, 
78; comptroller and treasurer, 82; 
council powers, 80; executive, 80; 
home rule, 76; justice of peace, 
iii; municipal courts, 112; mu¬ 
nicipal ownership, 89; police, 82; 
population of, 184-185; wards, 79. 

Citizens, Indian, 91; militia, 160; of 
U. S. and State, 91, 160; restric¬ 
tions upon, 92; women, 91. 

City, boards, 82, 133; indebtedness, 
81; local government, 46; offices, 
251; salaries of officers, 79. 

Civil procedure, 116-121. 

Civil service, municipal, 83. 

Civil war, Minnesota, 22. 

Classes, social number, 158; special, 
159- 

Clerk of court, 118, 124; supreme 
court, 58. 

Commissioners, county, 64, 65, 137. 

Commissions and boards, 52-53. 

Comptroller, city, 82. 

Congress, documents referring to 
Minnesota, 252; militia, 160, 169. 

Constitution, amendemnt of 1896, 76; 
amendment and revision, 40-41; 
and the legislature, 55; conven¬ 
tion, 19; of Minnesota, 39, 202- 
244; of the United States, 39. 

Convention, constitutional, 19, 42. 

Conventions, party, 97. 

Coroner, duties, 66; relation to 
sheriff, 67. 

Corporations, gross earnings, 136. 

Council, Duluth, 88; Minneapolis, 
85; powers, 80; St. Paul, 87; 
village and town, 74-76. 

Counties, population of, 176-179. 


254 



Index 


255 


County, 45; attorney, 67; auditor, 
64; auditor in elections, 108; the 
business of, 62; canvassing elec¬ 
tions, 107; commissioners, 63; com¬ 
missioners appeal to district courts, 
113; commissioners and villages, 
73; commissioners and township, 
71; officers, 64, 78, 248; organiza¬ 
tion of, 62-63; powers of, 63; rela¬ 
tion to State, 60; removal of 
officers, 68; superintendent, 67; 
treasurer of, 6$. 

Court, commissioners, 68; supreme, 
new trial, 119; village, 75. 

Courts, appeal, classification, no, 
119; civil procedure, 116-120; dis¬ 
trict, 59; function of, 109; local 
and district, iio-iii; military, 171; 
municipal, 59, 112; probate, 60, 
113; of State, 58-60; supreme, 115; 
supreme judges, 58. 

Crime, actions for, no; defined, 121; 
institutions for correction, 163. 

Deeds, register of, 65. 

Defectives, care of, 163; schools for, 
161. 

District court, appeals to, 114; juris¬ 
diction of, 114. 

Divisions, administrative, 43 - 47 - 

Du Lhut, Sieur, 5. 

Duluth, boards, 89; charter, 88-89; 
municipal ownership, 89; officers, 
89; officers’ removal, 89. 

Education, 139 - 157 - 

Election, campaign committees, 100; 
canvassing boards, 106-108; con¬ 
duct of, 104-106; corrupt prac¬ 
tices act, 99; expenses of, 100; 
judges of, 105; machinery of, 
102; preparation of ballots, 103; 
primary, 93; registration, 102; re¬ 
sult of corrupt practices act, 101; 
senatorial canvassing board, 107; 
State canvassing board, 107-108. 

Enabling act, 196-199; contents, 17- 
18; Minnesota, 17. 

English in Minnesota, 6-7. 

Equalization boards, 131-132. 


Executive of the State, 48-50. 

Expeditions, 7-8. 

Expenditures, checks on, 136; city, 
138; of Minnesota, 136; of money, 
136. 

Explorers, 4, 5, 6, 7. 

Farmers’ institutes, 154. 

Franchise, Minnesota, 90-93; the law 
of, 91. 

French explorers, 4, 5. 

Government, act to establish the 
Territory, 186-195; central, 43-44, 
48-60; enabling act, 196-199; local, 
44; object of, 172; organization, 21. 

Governor, appropriations, 57; board 
of pardons, 167; charities and cor¬ 
rections, 167; officers appointed by, 
51-52; powers, 49-50; the Terri¬ 
tory, 13. 

Governors of Minnesota, 173. 

Grosseillier, explorer, 5. 

Habeas Corpus, and prisoner, 121. 

Health, board of, 53; in township, 72. 

Hennepin County, commissioners, 64. 

Hennepin, Father, 5. 

High schools, 147. 

History, chronological arrangement, 

31-37- 

Hudson Bay Company, 6. 

Impeachment, method and persons 
impeached, 57. 

Indians, as citizens, 91; Sioux mas¬ 
sacre, 23-26; treaties, 10. 

Indictment, defined, 123; drawn by 
attorney, 68. 

Industry, development of, 30-31. 

Insane, care of, 162-163. 

Institutions, charitable, 161-163; 
classified, 159; cost of, 168. 

Iron, Mesabi and Vermillion ranges, 
2. 

Issues, in civil trial, 117. 

Judges, district courts, 59; duties of 
election, 105; election, 104; su¬ 
preme court, 58, 115. 



2 s 6 


Index 


Judiciary, 44; legislature, no. 

Jury, grand, 122, 123; petit, 118; 
trial, 40; trial before, 119; ver¬ 
dict, 124. 

Justice, administration of, 109, 126; 
city, 112; of peace, 59, in; safe¬ 
guards, 125. 

Land grants to railroads, 27. 

Law, greatness of, 126. 

Legislature, 44; and charters, 78-79; 
cities, 77; and judiciary, no; con¬ 
trol over local governments, 47; 
limited, 55; meeting, membership, 
qualifications, 53-54; members of 
first, 174; method of passing bills, 
55-56. 

Le Sueur, 5. 

Libraries, school, 156; travelling, 
156; board of travelling, 157. 

Lieutenant governor, 50. 

Local government, 61-90; control of 
legislature over, 47; money mat¬ 
ters, 138. 

Louisiana purchase, 6. 

Mayor, appointments, 80; Duluth, 
88; Minneapolis, 84; St. Paul, 86; 
towns and villages, 73, 76; veto, 81. 

Menard, missionary, 5. 

Mesabi iron range, 2, 

Militia, 169; and citizens, 159; 
courts of, 170; enlistment, 170; ex¬ 
ceptions to service, 169; ex¬ 
penses of, 171; organization, 169; 
State, 169-172. 

Minerals, 3. 

Minneapolis, aldermen, 79; boards, 
84; charter, 84; new charters, 85; 
sketch of history, 83-85. 

Minnesota, act of admission, 200- 
201; admitted, 20; citizens, 90-91; 
Civil War, 22; Congressional docu¬ 
ments referring to, 244; constitu¬ 
tion of, 202-244; education in, 139; 
enabling act, 16; governors, 177; 
opposition to admission, 16-17; 
population, 10; population in 1849. 
175; population by counties, 176- 
179. 


Missionaries, 9, ii. 

Municipal courts, 59. 

Naval reserves, 160; organization, 

171. 

Nicollet, Jean, 5. 

Nomination by petition, 98; candi¬ 
dates, 93. 

Normal schools, courses of study, 
151 - 

Northwest Territory, ii. 

Notaries public, 60. 

Officers, appointed by governor, 51- 
52; city, 251; city salaries, 79; 
county, 248; State, 246-247; town¬ 
ship, 72; town, 249; village, 250. 

Pardons, board of, 166. 

Parties, campaign committee of, 100. 

Party, convention, 97. 

Personal property, taxation of, 134. 

Petition, nomination by, 98. 

Pike, Lieutenant Zebulon, 7. 

Police in cities, 82. 

Population, cities, 184; growth, 30; 
growth of, 176-180; Minnesota in 
1849, 176; nativity of, 181-185. 

Presentment defined, 123. 

President, vote for, 1860-1900, 245. 

Primary, call for, 96-97; elections, 
93; holding of, 94; organization, 96. 

Prison, parole system, 166; profits, 
166; State, 165. 

Probate, court, 59, 113; will in court, 
113 - 

Procedure, civil, 116-121; criminal, 
120, 126. 

Products of Minnesota, 30-31. 

Property, assessment of, 129; assess¬ 
ors of, 130; exempted, 130; tax, 
real, 134; tax commission, 137. 

Public schools, 139. 

Radisson, explorer, 5. 

Railroad commissioners, 53. 

Railroads, bonds repudiated, 28; 
mileage, 29; the State and, 27-29. 

Ramsey, Governor, 14-22. 

Reformatory, State, 164. 

Register of deeds, 65. 



Index 


257 


Registration, election, 102; in cities, 
103. 

Removals, by governor, 49. 

Representatives, structure of House 
of, 54; qualifications for member¬ 
ship, 54. 

Revenue, sources of, 128; State, 127- 
138. 

Revision of constitution, 41-42. 

St. Paul, boards, 87; council, 87; 
history and charter, 85-87; mayor 
and officers, 86. 

Schoolcraft, explorer, 8. 

Schools, administration, 146; com¬ 
mon, 142; county superintendent, 
68; districts, 140-143; division of, 
146; for defectives, 163; grading 
of, 143; growth of system, 139; 
high schools, 140; independent 
school districts, 142; normal 
schools, 140; organization of, 141; 
rural, 146; semi-graded and 
graded, 147; State training, 164; 
support of, 144. 

Secretary of State, 50. 

Settlements, 8, 9. 

Sheriff, duties, 66. 

Sibley, H. H., 13. 

Sioux massacre, 23-26. 

Soldiers’ home, 162. 

State, object of, 158; care of chil¬ 
dren, 161; care of insane, 162; 
citizens, 158; cost of institutions 
to, 168; expenses of militia, 171; 
militia, 169-172; naval reserves, 
171; offences against, no; officers, 
227-228; prison, 165; protection 
of, 158-172; reformatory, 164; re¬ 
stricted powers, 38; revenues, 130- 
142; Secretary of, 50; soldiers’ 
home, 162; treasurer, 135; uni¬ 
versity, 152. 

Suffrage, conditions of, 93. 

Superintendent of public instruction, 
149. 

Supreme court, 58-59, 115; new trial, 
119. 

Tax Commission, 137. 

Taxation, collection, 134; estimate 
of, 133; gross earnings, 136; kinds 


of, 128; levying and collection of, 
132; of property, 134; personal 
property, 134; poll-tax, 129; school, 

144. 

Teachers’ certificate, 149. 

Territory, act to establish, 186-195; 
delegate, 13; enabling act, 13, 196; 
government of, 13, 14, 15; organi¬ 
zation, 11; physical, 2. 

Text-books, free, 154. 

Topography of the State, 2. 

Town officers, 249; board of taxa¬ 
tion, 131; j’udiciary functions, 46. 

Township, and county commission¬ 
ers, 71; defined, 69; officers, 72; 
origin, 69; political organization, 
70; powers, 72. 

Traders in Minnesota, 9. 

Treasurer, settlement of accounts of, 
13s; city, 82; county, 65; State, 
duty, 51. 

Treaties, Indian, 10. 

Trial, civil, steps in, 116; criminal. 


120; decisions in, 120; 

new 

119; 

review of, 125; venue. 

125; 

ver- 

diet, 124. 



University of Minnesota, 

141, 

152; 


board of regents, 153; depart¬ 
ments and degrees, 152; endow¬ 
ment, 141; geological survey, 154; 
relation to schools, 152. 

Vacancies in State offices, 49. 

Venue, change, 125. 

Vermillion iron range, 2. 

Veto, governor, 49; legislature, 56; 
mayor, 81. 

Village, court, 75; officers, 250; or¬ 
ganization, 73; powers, 74. 

Villages, and charter, 76; classes, 75; 
officers, 75. 

Vote, presidential, 1860-1900, 223. 

Voters, registered in cities, 103; who 
are, 90. 

Wards, city, 79. 

Warrant for arrest, 121. 

Will, probating, 113. 

vVisconsin admitted, 12. 

Women, citizens, 91. 

Writs and processes, 114-115. 

















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